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•WV 16 1990 
mw LIBRARY 



^ORTH CAROLINA 

REGISTER 




IN THIS ISSUE 

EXECUTIVE ORDER 

FINAL DECISION LETTERS 

PROPOSED RULES 

Community Colleges 

Economic & Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Pharmacy, Board of 

Public Education 

Secretary of State 

FINAL RULES 
Correction 
Revenue 
Transportation 
List of Rules Codified 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: NOVEMBER 1 5, 1 990 
Volume 5 • Issue 16 • Pages 1010-1059 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carohna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary ml 
must begin normal rule-making procedures on the pei 
manent rule at the same time the temporary rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing board: 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35 "/o is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fui 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimur 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0. 1 5) per eac 
additional page. 

(2) The full publication consists of 52 volume; 
totaling in excess of 15,000 pages. It is suj 
plemented monthly with replacement pages 
one year subscription to the full publication ii 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). Ii 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fc 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrativ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pn 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 1 50B ( 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issu 
page number and date. 1:1 NCR 101-201, April 1, 191 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 



EXECLTrV E ORDER 

Executive Order 127... 



.1010 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, AC 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella St., 

Deputy Director 
MoLIy Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa KLlpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



II. FESAL DECISION LETTERS 

Voting Rights Act 1011 



III. PROPOSED RULES 
Community Colleges 

Community Colleges, 

Department of 1031 

Economic and Community 

Development 

Energ)' Division 1013 

Environment, Health, and 

Natural Resources 

Envirormicntal Management 
Commission 1019 

Wildlife Resources 

Commission 1020 

Human Resources 

Medical Assistance 1018 

Licensing Boards 

Pharmacy, Board of 1031 

Public Education 

Elementarv' and Secondary 1028 

Secretary of State 

Securities Division 1029 

rv . FESAL RULES 

Correction 

Division of Prisons 1035 

Revenue 

lndi\idual Income Tax 1036 

Transportation 

Division of Highways 1038 

List of Rules Codified 1047 

V. ARRC ORJECTIONS 1051 

M. RULES ESTALIDATED BY 

JUDICIAL DECISION 1055 

ML CUMULATLV E INDEX 1057 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991 ) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+++++*++ 


+*+++*++ 


+++*++++ 


++**+++* 


+++*++++ 


04/02/90 


03/12/90 


03/19/90 


05/02 90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08.01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04 24 90 


05/01/90 


06/14''90 


09,01/90 


06/01/90 


05 10,90 


05/17/90 


07/01 '90 


10 01/90 


06/15/90 


05/24/90 


06,01/90 


07/15 90 


10 01/90 


07/02/90 


06' 11/90 


06/18/90 


08/01/90 


11 01/90 


07/16/90 


06/22 '90 


06/29/90 


08/15/90 


11/01/90 


08/01/90 


07/ 1 1 /90 


07/18/90 


08/31/90 


12/01/90 


08/15/90 


07 '25/90 


08/01/90 


09/14/90 


12/01/90 


09/04/90 


08/13/90 


08/20/90 


10/04 90 


0101/91 


09/14'90 


08'24/90 


08/31/90 


1014 90 


01 01/91 


10/01/90 


09 1090 


09/17/90 


10/31/90 


02,01/91 


10/15/90 


09/25 90 


10/02/90 


11/14/90 


02/01/91 


11/01/90 


10' 11 90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10 24/90 


10/31-90 


12/14 90 


03.01/91 


12/03/90 


11, 0890 


11/15-90 


01/02 91 


04,01/91 


12/14/90 


11/21 90 


11/30/90 


01/13/91 


04,01/91 


01/02/91 


12 07 90 


12/14/90 


0201/91 


-05/01/91 


01/15/91 


12 20 90 


12/31/90 


02/14/91 


05/01/91 


02/01/91 


01/10 91 


01/17/91 


03/03/91 


06/01/91 


02/15/91 


012591 


02,01/91 


03/17/91 


06/01/91 


03/01/91 


02 08 91 


02,15/91 


03/31 91 


07,01 91 


03/15/91 


02/22 91 


03,01/91 


04/14/91 


07,01/91 


04/01/91 


03 11. 91 


03/18/91 


05/01/91 


08/01/91 


04/15/91 


03 22 91 


04,01/91 


05/15/91 


08/01/91 


05/01/91 


04 10 91 


04,17/91 


05/31/91 


09 01/91 


05/15/91 


04 2491 


05/01/91 


06 14 91 


09/01/91 


06/03/91 


05/ 10. 91 


05/17/91 


07/03,91 


10,01/91 


06/14/91 


05 23 91 


05/31/91 


07/14/91 


10/01/91 


07/01/91 


06/10 91 


06 17/91 


07/31/91 


11/01/91 


07/15/91 


06 21 91 


06,28/91 


08/14/91 


11/01/91 


08/01/91 


07/11 91 


07/18/91 


08/31/91 


12 01/91 


08/15/91 


07 25 91 


08/01/91 


09/14/91 


12,01 91 


09/03/91 


OS 12 91 


08/19/91 


10 03/91 


01 01/92 


09/16/91 


08,23 91 


08/30/91 


10/16/91 


01 01/92 


10/01/91 


09/10/91 


09/17/91 


10/31/91 


02/01/92 


10/15/91 


09 24 91 


10 01 '91 


IT' 14/91 


02/01/92 


11/01/91 


10 11 91 


10-18/91 


12 01 91 


03 01 92 


11/15/91 


10 24 91 


10-31/91 


12/15/91 


03,01 '92 


12/02/91 


11 07 91 


11/14/91 


01/01/92 


04,01/92 


12/16/91 


1121 91 


12/02/91 


01/15/92 


0401/92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrathe Rules Reiiew 
Commission by the 20th of the same calendar month and that ARRC approves 
the tide at the next calendar month meetimi. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 127 

AMENDMENT AND EXTENSION OF 

EXECUTIVE ORDER NUMBER I 

ESTABLISHING THE NORTH CAROLINA 

BOARD OF ETHICS 

By the authority vested in me as Governor by 
the Constitution and laws of North Carohna, IT 
IS ORDERED: 



commissions, and councils within the executive 
branch that exercise the sovereignty of the State 
and/or advise the heads of principal departments, 
irrespective of appointing authority. No ap- 
pointee to a commission, board, or council sub- 
ject to this order shaU be permitted to participate 
in any official matters until he or she has filed a 
Statement of Economic Interest with the North 
Carolina Board of Ethics. 



Executive Order Number 1, estabUshing the 
North Carolina Board of Ethics, as amended by 
Executive Order Number 30 and extended by 
Executive Orders Number 33 and 82, is hereby 
amended to include all members of boards, 



Executive Order Number 1 is hereby extended 
for a period of 5 years from this date. 

Done in Raleigh, North Carolina, this the 29th 
day of October, 1990. 



5; 76 NORTH CAROLINA REGISTER November 15, 1990 



1010 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16, 1986, requires thai all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the \orlh Carolina 
Register. / 



U.S. Department of Justice 
Cisil Rishts Di\ision 



JRD:GS:DO\V:rac 

DJ 166-012-3 ■ Voting Section 

AI928 P.O. Box 66128 

.-VK480; AK958 Washineton. D.C. 20035-6128 

AK623; AK959 



October 15, 1990 



Jesse L. Warren, Esq. 
Citv Attorney 
P.O. Drawer' W-2 

Greensboro, North Carolina 27402 



Dear Mr. Warren: 



This refers to the three annexations [Ordinance Nos. 90-104, 90-113 and 90-120) and the desig- 
nation of two of the annexed areas to District 3 for the Cit>' of Greensboro m Guilford County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended, 42 U.S.C. 1973c. We received vour submissions on August 16 and September 25 and 27, 
1990. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to pomt out that Section 5 of the Voting Rights Act expressly pro\ides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized b)' Section 5, the Attorney General rcscr\'es 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixty-da\" re\iew period. See the Procedures 
for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincereh', 



John R. Dunne 

Assistant Attome\' General 

Civil Riiihts Division 



Bv: 



J. Gerald Hebert 
Actmu Cliief, Votma Section 



lOII 5:16 NORTH CAROLINA REGISTER November 15, 1990 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:GS:TGL:mrj 

DJ 166-012-3 Voting Section 

AJ602 P.O. Box 66128 

Washington, D.C. 20035-6128 

October 25, 1990 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P.O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to the salary increase for the mayor, the mayor pro tem and councilmembcrs of the 
City of Fayetteville in Cumberland County, North Carolina, submitted to the Attorney General pur- 
suant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your 
submission on September 5, 1990. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Riglits Division 



By: 



J. Gerald Hebert 
Acting Chief, Voting Section 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1012 



PROPOSED RULES 



TITLE 4 DEPARTMENT OF ECONOMIC 
AND CO.M\IL>.ITY DEVELOPMENT 

1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Department of 
Economic and Community Development intends 
to amend rules cited as 4 NCAC I2C .0004 - 
.0006. 

1 he proposed effective date of this action is April 
I. 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on January' 9, 1991 at the Dobbs Building. 
430 North Salisbury Street. Room 1120B, 
Raleigh, North Carolina 2761 1 . 

(^ ommcnt Procedures: Written comments con- 
cerning these proposed amendments must be sub- 
mitted by December 27, 1990. to: 

Energy Division 

North Carolina Department of Economic and 

Community Development 

430 North Salisbury Street 

Raleigh, North Carolina 2761 1 

Attn: Chris Mogensen 

Oral comments may be presented at the public 
hearing but may be limited at the discretion of the 
hearing officer. Submittal of written copies of 
verbal statements is encouraged. 

(IIAI'IKK 12 - ENF.KGY 

SUBCHAPTER 12C - ORGANIZATION 

.0004 DKF-IMTIONS 

The following definitions apply to this Chapter: 

( 1 ) "End-user" means any finn which is an 

ultimate consumer of an allocated product 

other than a whole sale purchaser-consumor. 

(5) "State set-aside" is that amount of an al- 
located pctroloum product made available 
from the total supply of a prime supplier for 
utilization by the state to rcsohc emergen- 
cies and hardships due to fet4 shortages. 

(6) "Rii ' L ' pL ' nod soluino" t^ t+wt- amount ef 
product u; . t ' d by aft ond u ' jlt. b* ' i slu'lo 'i ak' 
purchaLicr con^ ' Umor dunng a do ' -UgiuitL * d 
tim e period. "Base Penod" shall be the 12 
month pentad immediateK preceding the 
months in which an applic.int applies lor 
state set -aside product, or such other time 
as ma\ be dctcnnmcd bv the I nergv Di\i- 
sion in the e\ent that the J_2 month base 
penod |s not applicable. 



(8) "Ilardr . hip" moans a oituation involving ef 
potontially involving subrtantial dif i oomfort 
Bf dangor and or oconomic dislocation, 
cauood by a ohortago »f aft allocatod fiub 
Dtanoo. "Hardship" exists when a wholesale 
purchaser-consumer or end-user is adversely 
affected bv his inability to obtain a sufficient 
quantity of an allocated product. 

(10) ".Market area ' means a one mile radius 
around a retail sales outlet selling gaoolino 
afi4 dic ' . i oi fa^ an allocated product. [This 
definition may be used as a factor for deter- 
mining an applicant's ehgibihty for state 
set-aside fuel if no other retail sales outlet is 
within this radius to ser\'e customers.) 

(1 1) "Customer supplier relatitmship" will exist 
between an end-user, \\holesale purchaser- 
consumer or wholesale purchaser-reseller 
and a supplier has alter a business relation- 
ship has existed for a 3l)-dav period. 

( 12) "F irm" means any association, company, 
corporation, estate, indnidual, ioint-\enture, 
partnership, or sole propnetorship or any 
other entity however organized including 
chantable, educational, or other 
eleemosynary institutions, federal govern- 
ment, state and local governments and any 
other instrumentalities. 



( 13) ".'\gncultural production" means all ac- 
tivities classitied under the industry code 
numbers specified in Subparagraph (a) of 
this Paragraph, as set forth in the Standard 
Industrial ClassiticaticMi .Manual, latest edi- 
tion, except those industry code numbers 
listed in Subparagraph (b) of this Paragraph, 
which are excluded: 
(a) Activities: 

(i) AH industry" code numbers included in 
Di\ision .\. Agriculture, Forestry' and 
Fishing, except as specitied in Subpara- 
graph (b) of this Paragraph: 
(ii) All industn' code numbers included in 
Ma|or Group 21) and 21, Food and 
Kindred Products, of Dnision D. .\lanu- 



factunng, including grain and seed dr\ing, 
except as specitied in Subparagraph (b) of 
this Paragraph: and 
(iii) .All the following other industr\- code 
numbers: 
(A) 1474 Potash, Soda and Borate Min- 



J'otash mining onl\ ); 



(B) 1475 Phosphate Rock; 

to 214 

(D) 241 1 1 ogging Camps and 1 ogang 



obacco Stemming and Dn ing: 



Contractors: 



(F) 2S1'J Industrial Inorganic Chemicals 



not 



:\\here ckcssified (dicalcium 



phosphate only); 



lOE^ 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



PROPOSED RULES 



(F) 2873 Nitrogenous Fertilizers; 



(G) 2874 Phosphatic Fertilizers; 

(H) 2875 Fertilizers. Mixing OnJy; 

(I) 2879 Pesticides and Agricultural 

Chemicals not elsewhere classified; 
(Jj 4212 local Trucking Without Stor- 
age (farm to market hauling and log 
trucking only); 
(K) 4971 Irrigation Systems (for farm 

use); and 
(L) 5462 Retail Bakencs, Baking and 
Selling, 
(b) Activities excluded: 

(jl All the following industry- code numbers, 
otherwise listed under Division /V Agri- 
culture, Forestry and Fishing, are ex- 
cluded from the definition: 

(A) 1)181 Ornamental Floriculture and 
Nurser\' Products; 

(B) 0271 Fur- Bearing Animals and 
Rabbits (except rabbit farms); 

(C) 0272 Horses and Other Fquines; 

(D) 0279 Animal Specialities not else- 
where classified (except apiaries, honey 
production and bee, catfish, hsh, ffog 
and trout farms which are included in 
the definition): 

(F) 0742 \"eterinar\- Ser\-ices for Animal 
Specialties: 

(F) 0752 Animal Specialty Services; 

(G) 1)781 I and scape Counseling and 
Planning; 



(H) 0782 Fawn and Garden Sen.-ices; 
(I) 0783 Ornamental Shrub and Tree 

Services; and 
(J) 0849 Gathering of Forest Products. 

not elsewhere classified, 
(ii) All the following industr\' code num- 
bers, otherwise listed under Major Groups 
20, Food and Kindred F^roducts. ot Divi- 
sion D. Manufactunng. are excluded from 
the definition; 



(A) 2047 Dog, Cat and Other Pet Food; 

(B) 2067 Chewing Cium: 

(C) 2084 Wines. Brandy, and Brandy 
Spirits; and 

(D) 2085 Distilled. Rectified and Blended 
Fiquors. 

(14) "F.mergency Ser\ices" means law enforce- 
ment. fire hgfiting and emergency 



medical ambulan 



ce services. 



( 15) "Fnerg\' Production" means the explora- 
tion, dniiing. minmg. refining, processing, 



production and distnbution of coal, natural 
gas, geothermal energy, petroleum products, 
shale oil, nuclear fuels and electncal energy. 
It also includes the constmction of facilities 
and equipment used m energy production, 



such as pipelines, mining equipment and 
similar capital goods. 

(16) "Sanitation Scn,'ices" means the collection 
and disposal of solid wastes, whether by 
public or private entities, and the inaintc- 
nance. operation and repair of liquid purifi- 
cation and waste facilities. Sanitation 
ser\'ices also includes the provision of water 
supply services by public utilities, whether 
privately or publicly owned or operated. 

( 17) "Telecommunication Services" means the 
emergency or essential installation, repair, 
operation and maintenance of voice, data, 
telegraph, \ideo and similar communications 
ser\'ices to the public by a communications 
common carrier, excluding sales and admin- 
istrative activities. 



(18) "Passenger Transportation Services" 
means publicly and pnVately owned air and 
suri'ace operations for transporting members 
of the general public, bus transportation of 
pupils to and from school (but not including 
elective extra-curricular activities), and 
vanpool operations, and includes facilities 
necessary to support such operations. 

( 19) " Fruck" means a motor vehicle for trans- 
portation with a gross weight in excess of 
20.000 pounds. ~ 

(20) "Health Ser\ice FaciHties" means hospi- 
tals, psychiatric facility, rehabilitation facil- 
ity, long-tenn care facility, kidney disease 
treatment center, intermediate care facility 
for mentally retarded, home health agency. 



chemical dependence treatment facihtv and 
ambulators' surgical facility. 

Statutory Authority G.S. 1438-429; 1438-430; 
1438-43/ ; 1438-449. 

.0005 FORMS 

(a) The following forms are used by the Energy 
Division and may be obtained from the main 
office at 430 North Salisburv' Street, Raleigh, 
North Carolina, or from a local County Fmer- 
gency Preparedness Coordinator: 

(1) NC-FD-100 ( "Apphcation to State for 
Exceptional Hardship Assistance"). This 
form is used by applicants for state set- 
aside products. It contams questions 
concerning the nature of the applicant's 
hardship, the quantity of product needed, 
the storage capacity of the applicant and 
the name of the applicant's suppliers. 
(2) FFO 17 ("RcquLV . t fof i\i i r . ignmL'nt ef a- 
Supplic'r »f iXdju 'i tmcnt ef Bq -i l ' Pc ' riod 
iSupply N'olumc?"). Thir . lodLHdl fomi i* Fe- 
quirL'd by A<* IS. DL'pailment ef fncrgy 
te- be 61^ V i hono'ior a«- application » mado 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1014 



PROPOSED RULES 



fof aft ajV' . ignm e nt »f adiuf . tmt'nt ef a bar . e 
p e riod soluiTi i ?. tt- t* ai^io- roquirijd tw Ae 
stet^ te- l»e 6W- w+tfe Form NC YD 1 ( 10 
V i honoi i or a» application i* made fof stato 
L . ot ar . ido. it- containo quootions about Ae 
L . torauL' capacity aft4 currcmt iri' i 'tjiitopy &f At* 
applicant, (4te namor . »«4 addrec 'i Of . e4' ttn* 
applicant's oupplior - j e* potential oupplier^ . 
afi4 w hc'thor A# product i« to- bi? purchac . od 
fof eft4 Ht«» ef rL'f i alo. NC-FD-21 ("North 
Carolina Action on Application lor Fxcep- 
tional Hardship Assistance"). This form 
shall be issued by the Energy Division as an 
authonzma and or denial document in re- 
sponse to an NC-FD-100 request for state 



set-aside assistance. An appro\al document 
shall entitle the bearer to recei\e product 
from the assigned supplier within ten da\'s 
of issuance. 
(-^ FFi\ 25 ("Cortification ef R e quirL'm e nt - : ' fof 
t^ Under Allocation I o^ . el ' - . >fot- Subject 
te Aft i Allocation Fraction"). Thif . fonn 
pro' i idofl A# moiino fof a v . h»iler ' ale 
purchaser res e ller te- cert it y k* tte own 
■i upplier( f i ) tfee current roquiromonto, ftet- 
L . ubjL'ot te- a» allocation fraction, ©f ond 
U '. erf ' aft4 wholor i ale purchaser con - jumerf r 
which it- oupphe '. directly. 
(b) The Energy Di\ision may from time-to- 
time require additional infonnation to be sub- 
mitted on fonns to be pro\ided by the Energy 
Di\ision without the requirement for re\isions to 
this Chapter. 

Statmon- Authoritv G.S. 143B-429: 143D-430: 
I43B-43I: I43B-449. 

.0006 SCOPE AND PCRPOSE OF 
STATE SET-ASIDE 

(a) Control of certain petroleum products, a* 
may from time-to-time be designated b}" the fed- 
efai gov e rnment, i* ac 'i ign e d te- t4*e f . tat e by Ae 
I'nited Stated Department ef Energy, state. The 
products are to be allocated by the state for the 
purpose of alle\iating h;irdships and or emergen- 
cies within the state. A hardship and or emer 
g e ncy e .\i •. ! • : . vs hen a whole '. ale 

purchaj 'e r con ' -.umer ef end ur . er i* ud' i err . ely af- 
tected by- te- inability te- obtaui a ■ :ailTieient 
quantity t4 Af product. Issuance of the state 
set-aside, based upon proof of hardship and or 
emergency will follow the priority rules and any 
special rule as set forth in (4*^ I nit e d State - . . De- 
partment t-vf Energy regulation; . , this Chapter or 
issued bv the F'nergv Division. Ihe application 
must cle;irly set forth the consequences which 
will result from one or more end-users not being 
able to obtaui sulTicient product. The following 



are examples of consequences which could result 
from one or more end-users not being able to 
obtain sufficient products. Such examples of 
consequence as filed by the applicant may in- 
clude, but are not limited to: 

(1) plant closings, 

(2) employee lay-offs, 

(3) inability to har\'est crops, or 

(4) curtailments of vital community services. 

(b) The state set-aside may be used for: 

(1) end-users and wholesale purchaser- 
consumers who are unable to obtain ade- 
quate petroleum products and thereby 
sustain a hardship or emergency as defmed 
in this Chapter. 

(2) wholesale purchaser-resellers seeking an 
assignment to meet an emergency or 
hardship requirement on behalf of end- 
users and wholesale purchaser-consumers. 

(c) Allocations granted under the state set-aside 
program must be used to supply wholesale 
purchaser-consumers and end-users described in 
the application for state set-aside. 

(d) \Mio May .Apply for State Set-.-\side. /Vnv 
wholesale-purchaser consumer or wholesale- 
purchaser reseller ma\ apply for, or on behalf of, 
end-users who are eligible under Paragraphs 
(b)(1) and (2) of' this Rule. 



(e) First priority for set-aside shall go to 
wholesale purchaser-consumers and end-users 
m\'ol\'ed in the folk''^^ ing activities (order of pri- 
ontv to be detennined bv the Energy Division 
after review of the circumstances then in effect): 



( 1 ) agricultural production: 

aviation ground support vehicles and 
equipment: 
cargo, freight and mail hauling bv truck 



01 

01 



and mail cames: 



111 
ill 

(21 

(81 
C^) 



emergencN' services: 



energy production: 

health carg services: 

passenger transportation services: 

sanitation services: 

telecommunication services. 



(f] (4^ What .Must Be Filed for State Set-.Aside. 
.All applications must be filed on a Form 
NC-ED-100, ".Application to State for Excep- 
tional Hardship .-\ssistance." afi4 mui- . t b© a<5- 
compcinied ef preceded by- a cunent F'omi 
FED 17 tf t4+e product t^ under federal regulation. 



.Any information submitted on the above-hsted 
forms which the apphcant desires to be treated 
as confidential must be designated as such on the 
form and a second form (copy) must be filed de- 
leting the information considered confidential by 
the applicant. The Energy Division. NC. De- 
partment of Economic and Community Devel- 
opment may issue and revise guidelines tor 



1015 



5:16 iXORTH CAROLINA REGISTER November 15, 1990 



PROPOSED RULES 



administration of the State Set-Aside ProEiam. 



including infonnation to be included when com- 
pleting the form NC-FD-100 and such other 
forms as it mav determine to he necessary to the 
proper administration of the State Set-Aside 
Program, without the requirement for revisions 
to this Chapter, f^ foUowmg information bȴ 
be roquirud te be included ©«• s^ application 
forms ' . ' ■ hen applying fof hardship aoriistoncc wr- 
dep tbe r . tato j i L ' t asid e : 

f4^ namo erf applicant; 

(4) address ef applicant, including erty; 
county, stat e aft4 »f* cod e ; 

f^ tolophono number »f applicant; 

f A\ 4i -.~..-t ,-if fi 1 r^l - 

\ I J I T J »- CTT rTTCTT 

f^ period (month) fef ' . vhich requested; 
(4^ allocaticms fof Ae current month: 
fA| name ef supplier, 
fBf quantity, 
{Q-f allocation fraction, 
f©-^ total contract allocation ' ■ olumo; 
f?^ DOB base penod allocation a* adju&t ed 

(current month): 
fSf additional quantity required fef hardship 

ef emergency cases: 
f9^ storage capacity »f applicant; 
(44) current in' ^ entoP i' : 
f4-14 tf ttftd v , hen Fomis FLO 17 »f FBiV 35 

' ■ vere completed aftd submitted; 
f44) fott explanation ef Ae nature ef end use 

hardships: 
f44) certification e+" r e quir e ments fof tbe 
month, broken dovrn by eft4 **se aft4 feel- 
categories; 
(44) if tbe applicant i^ et ' . vholesale purchas e r 
r e seller, t* de 'i cription ef tbe ' ■ ' i holesule 
purchaser consumers aft4 end users ' ■ ' ■ ho 
v.4tt be supplied. 
(g) (e) Where to File an Application for State 
Set-Aside: 

(I) AU applications [except those listed in 
Paragraph (g) (2) and (3). of this Rule], 
must should be tiled with the local 
County Fmergencv Management Coordi- 



Ql 



nator and are processed througli the 
North Carolina Department of Com 
merce. Fconomic and Community De- 
\elQpment, Fnerg^' Di\ision, P.O. Box 
2524^). Raleigh, North Carolma 27611. 

In the event the applicant's county of 
domicile does not ha\e a County F'mer- 
genc% Management Coordinator assigned. 



applications ma\" he filed directly with the 
FnergN" Dnision. 



(3) The Fnerg\" Division mav. from time-to- of the month for which 

que sted 



time, designate other applicants which will 
file applications for state set-aside product 



directly with the Fnergv Division without 
the need for revisions to this Chapter, 
(h) (-^ Request for Confidential Treatment 

( 1) (A) If any person filing a document with 

the local County Fmergencv Management 
Coordinator or the Fnergy Division 
claims that some or all the information 
contained in the document is exempt from 
the mandatory public disclosure require- 
ment of the Freedom of Information Act 
[5 U.S.C. 552 (1970)], or is otherwise ex- 
empt by law from public disclosure, and 
if such person requests the local County 
Fmergencv Management Coordinator and 
the Fnergy Division not to disclose such 
information, such person shall file to- 
gether with the document a second copy 
of the document from which has been 
deleted the information for which such 
person wishes to claim confidential treat- 
ment. The person shall indicate in the 
original document that it is confidential 
or contains confidential information and 
may tile a statement specifying the justi- 
fication for non-disclosure of the infor- 
mation for which confidential treatment 
is claimed. If the person states that the 
information comes within the exception 
in 5 U.S.C. 552(b)(4) for trade secrets and 
commercial or financial information, such 
person shall include a statement specifying 
why such information is privileged or 
confidential. If the person tiling a docu- 
ment does not submit a second copy of 
the document with the confidential infor- 
mation deleted, the Energy Division may 
assume that there is no objection to pub- 
lic disclosure of the document in its en- 
tirety. 

(2) f4i) The Energy Division retains the right 

to make its own determination with re- 
gard to any claim of confidentiahty. 
Should the Energy Division deny a claim 
to confidentiality, the applicant may re- 
quire the return of all copies of the dis- 
puted document(s) with notification to 
the appUcant that the withdrawal of nec- 
essary data from consideration may tend 
to prejudice his application pending be- 
fore the Fnergy Di\ision. 
(i) (4) I imitations on Filing an Application for 
State Set-Aside. Applications must be tiled 
within the month the hardship exists and should 
be filed with the local CountN' Fmergencv Man- 
agement ('oordinator not later than the 1 5th da\" 

t -aside product is n> 
State Fmergencv .Management 



Ihe 



S\ stem wiU ensure that applications are received 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1016 



PROPOSED RULES 



bv the Fncrgy Division not later than five worlc 
iftg ten calendar days before the end of the 
month. In cases where additional information is 
requested, this information must be received by 
the local Countv Fmergencv Management Co- 
ordmator and ton\arded to the Iinergy Di\'ision 
poor to tlw te*4- working 4t*y oi At* month. fi\'e 
calendar davs before the end of the month. In 
cases of disapproval, the applicant will be notified 
within ten days as to why his application was not 
approved. 
(j) Release of set-aside product. The rnerg\' 
Di\ision. upon determining to its satislaction 
that there will be little or no need for any set- 
aside product not allocated. ma\' release the re- 
mainder to the suppliers lor distnhution through 
their nomial North Carolina distnbution chan- 
nels. 



(k) Supplier's Responsibilities: 

( 1 ) Fach pnme supplier shall designate a rej; 
resentati\e to act tor and in behall o^ the 
prime supplier w ith respect \o_ stale set- 
aside assignments. 1 he Inergv Dnision 
mav. to the maximum extent possible, 
consult with the prime supplier s repre- 
senlatne pnor to issuing an\ authon/ing 
documents affecting the state set -aside 
\'olumes to b£ pro\ided bv \\\c_ supplier. 

(2) Suppliers shall pro\ide the assigned 
amount oj_ an allocated product to an ap- 
plicant when presented with an authoriz- 
ing document. I he authon/ing document 
shall entitle the applicant to recene prod- 
uct from any con\enient local distnhutor 
of the prime supplier from which the state 
set -aside assignment has been made. 

All pnme suppliers ^hall supph' products from 
their state set -a side \olume each month, as di- 
rected bv the I nerg\ Di\ision. not to exceed the 
total stale set -aside \olume for each product for 
thai month. That portion of a pnme supplier s 
slate set-aside \olume for a particular month 
which i^ not allocated bv the Fnerg\' Dnision 
dunng that month, or which ij> not subiect to an 
authoriying dcKiiment issued no later than the 
last dav of that month, shall become a part oi_ the 
pnme supplier s total supph' for the subsequent 
month and shall be distnbuted according to the 
allocation procedure set loilh in the allocation 
regulations. The InergN DiMsion ma\" designate 
certain geographical areaN within the slate as suf- 
fering irom an mlra-slate NUppK' imbalance. 
\\ hen this occurs the \ nerg\" l)i\ ision ma\ order 
some, or alL of the pnme suppliers sep.icmg the 
geographical areas to release part, or all of their 
set-aside \'olume through their normal distrib- 
ution s\stems to mcrease the fuel supplv of their 
customers. Carders issued pursuant to the set- 



aside program shall be in writing and effective 
immediatelv upon presentation to the pnme 
supplier's designated slate representative. Such 
order shall represent a call on the pnme supplier's 
set-aside volumes for the month of issuance irre- 
spective of the fact that deli\'er>" cannot be made 
until the following month. 
(1) tef Procedures for Appeal: 

(1) Whenever the rights, duties, or privileges 
of the apphcant or other substantially af- 
fected persons are being determined by the 
administration of the state set-aside, 
within the Energy Division, through the 
granting or denial of a hardship apphca- 
tion, such person(s) may, within 4-^ ten 
days of service of the order, file a written 
request for an appointment with the alio 
cationo ofllc e r. Director of the Fnerg\ 
Di\'ision. Such request(s) must be sent to 
the L^ireclor, I:nergy Di\ision, North 
Carolma Department of Commerce, Fco- 
nomic and Communilv Development, 
430 2l. Salisbury- St.. Raleigh, North 
Carolma 2761 1. 

(2) At the meeting, the aggrieved part\ may 
informally re\iew the application and 
have answered questions concerning the 
apphcation as may be permitted without 
x'iolating a confidentiality claim. 

(3) -Ifr iilU ' r mot ' ling v . iih (+h» alU'Ciilion '. oflicer. 

Bf- » repre '. enlativo h+~ tht» alloculion ' j t4fi- 
eefr \kt» aggriL" ! t'd party continuoo to- W 
di ' .' . r . atir . fied \\\\\\ tiw di ' _ . po ' ation f4" (4*^ »f- 
pliCLilion. t4*e uggrii." ! ed party ma; . , ' i i i ittun 
444 duvf i (-4 (4trrf- meeting. ft4e a ' . vnttt ' n w- 
qu e vt fef a ht. ' urmg with \h^ L^irector &f 
the Fnorgy Bis ioion. Such a requcnU muat 
b# !»«»*■ to t4*t» abosa addrL 'i. F . . -flw 
aggnesod party aft4 other partio ' ' . t*f r e cord 
Vr44 W pri'mptly nolifit ' d a^ t++ t4w tuni? 
aH4 plac e ki^ h e anng w+ll bi? held. The 
I.^ireetor of the Imergv Di\ision shall have 
h\e working davs trom the dale of the 
meeting to am\e at a decision. 



(4) All appeals from the decision of the Di- 
rector of the Fnergy Di\ision rest with the 
Secretary of the Department of Com 
merc e Fconomic and Communilv De\el- 
opment or his designee as pro\ided for 
under Chapter 1 of this Fitle. 

(5) At the time of a fmal decision by the De- 
partmental secretar)', the Departmental 
appeals procedures will ha\e been deemed 
exhausted. Any further appeals shall be 
made directly te cither tlw \\"alci> County 
Superior Court t*f Ae North Carolina 
Court e4- iVpp e ah ' . a^ uppropnate. a^ t4w 



lor 



5:16 yORTH CAROLINA REGISTER \ovcmbcr L\ 1990 



PROPOSED RULES 



court ef original jurif i diction. by petition 
to the Office of Administrative Hearings. 

(6) Any person who is aggrieved by the tlnal 
decision in a contested case, and who has 
exhausted all administrative remedies may 
petition either the Superior Court of 
Wake County or the Superior Court of 
the county where the person resides. 

(7) (^ Notliing in this Rule shall preclude an 

application from reapplying for an allo- 
cation in lieu of pursuing the appeals 
process. 

Statutory Authority G.S. I43B-429: 1438-430; 
143B-43I; I43B-449. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



1\ otice is hereby given in accordance with G.S. 
J 503- 1 2 that the Department of Human 
Resources: Division of Medical .Assistance intends 
to amend nde(s) cited as 10 NCAC SOB .0407. 

1 he proposed effective date of this action is 
March I, 1991. 

1 he public hearing will be conducted at 1 :30 
p.m. on December 14, 1990 at the North Carolina 
Dti'ision of Medical .Assistance, I9S5 Umstead 
Drive, Room 201 , Raleigh. North Carolina 27603. 



Co 



-omment Procedures: Written comments con- 
cerning this proposed amendment must be sub- 
mitted by December 14, 1990, to: Division of 
Medical Assistance. 1985 Umstead Drive. 
Raleigh, North Carolina 27603, ATTN.: Bill 
Hottel, APA Coordinator. Oral comments may 
be presented at the hearing. In addition, a fiscal 
impact statement is available upon written request 
from the same address. 

CH.\PTKR 50 - MEDICAL ASSISTANCE 

SLBCIIAPTER SOB - ELIGIBILITY 
DEJERMINATION 

SECTION .0400 - BUDGETING PRINCIPALS 

.0407 PATIENT LIABILITY 

(f) The amount deducted from income for un- 
met medical needs shall be detemiined as follows: 
(1) Unmet medical needs shall be the costs 
of: 
(A) Medical care covered by the program 
but that exceeds limits on coverage of that 



care and that is not subject to payment 
by a third party; 

(B) Medical care recognized under State 
and Federal tax law that is not covered 
by the program and that is not subject to 
payment by a third party; and 

(C) Medicare and other health insurance 
premiums, deductibles, or coinsurance 
charges that are not subject to payment 
by a third party. 

(2) 'i^ monthly amount e4^ unmot muJical 

noL'dri doduotod from montlily incom e 
shall h% tl»» total »f tbe following: 
fA-^ Monthly chargof . f»f Modicaro aft4 

othor hoalth inr . uranco promiumn; 
fS^ Eotimatod monthly ee§t- &f othor recur 
f4ftg unmot modical noodo. This estimato 
shall be made *«■ accordanco ' ■ s'ith Fodoral 
regulations. 
The amount of unmet medical needs de- 
ducted from the patient's monthly income 
shall be limited to monthly charges for 
Medicare and other health insurance premi- 
ums. 

(3) L nmot modical noods tl«4- occur only ©we 

timo shall be doductod sshon thoy afe m- 
currod. The actual amount of incurred 
costs which are the patient's responsibility 
shall be deducted when reported from the 
patient's liability for one or more months. 

(4) Ft^Uowing t4+e cortificalion poriod fof which 

recurring unmot modical noodo wefe ooti 
matod, Ae difforonco bot' . ' i oon Ae total 
amount ef ostimatod unmot modical noodn 
aft4 t4*e actual amount ef unmot modical 
noods incunod during tfert- period shall be 
rosohod a* foUowo: 
(tA^ If Ae ostunat e d amount ©f unmet 
modical needs OKCoeds the actual amount 
&f unmet medical needs by more than frve 
dollars ($5.00) pef month, the difference 
shall be added t© incom e V i h e n d e t e rmin 

11 1 c^ pTrrmTP ttti v.' li 1 1 t rrTT^ trrc^ k. i.i i \.i\. , ' i rTTTTTrm^? 

month fe* which patient l i ability eftft be 
mcroasod t» accordance with adsanco ae- 
t^ee requirements at- 44 NCAC -^OA .0302; 
(-8-)- W the estimated amount ef unm e t 
medical needs i« lew tJhdft the actual 
amount e>f unmet medical needs bv mor e 
than frve dollar s. tS5.(10) pef month, the 
differenc e r . hall be d e duct e d from income 
when dotennining patient liability fof the 
month ©f months following the month wt 
>vhich resolution is calculat e d. 
Incurred costs shall be reported by the end 
of the six month Medicaid certification pe- 
riod following the certification period in 
w hich they were incurred. 



5:16 NORTH CAROLINA REGISTER November /5, 1990 



WIS 



PROPOSED RULES 



Authority G.S. 108.4-54; 42 C.F.R. 435.732; 42 
C.F.R. 435.733; 42 C.F.R. 435.831; 42 C.F.R. 
435.832; 42 U.S.C. l396r-5. 

TITLE 15A - DEPARTMFAT OF 

EVVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



iS otice is hereby given in accordance with G.S. 
I50B-I2 that the Environmental Management 
Commission intends to amend nde cited as 1 5A 
\CAC 2B .03/2. 

I he proposed effective date of this action is Au- 
gust I. 1991. 

1 he pubhc hearing will be conducted at 7:00 
p.m. on January 24, 1991 at the E.W. Summersill 
Building (new County Courthouse). Courtroom 
I. 109 Old Bridge Road. Jacksonville. .\'C. 



Cc 



omment Procedures: .III persotu interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30 J days after the hearing or may be pre- 
sented verbally at the hearing. Verbal statements 
may be limited at the discretion of the hearing 
officer. Submittal of written copies of verbal 
statements is encouraged. For more information, 
contact Suzanne //. Keen. Division of Environ- 
mental Management. P.O. Bo.x 2^687, Raleigh, 
\C 2761/, I 9/9 1 "33-5083. 

CHAPTER 2 - F.W IRONMENTAL 
MANAGEMENT 

SCBCHAPTER 2B - SLRKACE WATER 
STANDARDS: MONErORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0312 WHITE OAK RI\ER BASIN 

(b) The W'Tiite Oak River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 



December 13, 1979; 
June 1, 19S8; 
Januarv- 1, 1990; 
August 1. 1990; 
Ausust 1, 1991. 



(1) 
(2) 
(3) 
(4) 

(d) 1 he Schedule ot Classifications and Water 
QualitN Standards tor the White Oak River Basin 
was amended etTecti\e .August _K 1 ^^^^ 1 bv adding 
the supplemental classification NSW ( Nutnent 
Sensili\e Waters) to all waters in the New Ri\er 



Drainage Area above a line running across the 
New Ri\cr from Grev Point t£ a point of land 
appro ximatelv 2.200 vards downstream of the 
mouth of Duck Creek. 

Statutory .Authority G.S. /43-2/4./; 143-2/5.1; 
143-215.3ia)(l). 

'k'k'k-k'k'k'k-k-k-k'k'k-k-k'k-k-k'k 



J y Otice is hereby given in accordance with G.S. 
/50B-/2 that the Environmental .Management 
Commission intends to amend rules cited as /5A 
\CAC 2D .//04. 

1 he proposed effective date of this action is .\/av 
/. /99/. 

1 he public hearing will be conducted at 7:00 
p.m. on December /8, /990 at the Groundfloor 
Hearing Room, Archdale Building, 5/2 .\orth 
Salisbwy Street. Raleigh, Sorth Carolina. 

(_ omment Procedures: .1 II persons interested in 
these matters are invited to attend the public 
hearing. .4ny person desiring to comment for 
more than t/iree minutes is requested to submit a 
written statement for inclusion in the record of 
proceedings at the public /learing. The hearing 
officer may limit oral presentation lengths to five 
minutes if many people want to spea/c. The record 
of proceedings will remain open until December 
28, 1990 to receive additional written statements. 
To be included, the statement must be received by 
the Department by December 28. 1990. 

.Additional information concerning the hearing or 
the proposals may be obtained by contacting: 

.Mr. Thomas C. .Alien 
Division of Environmental Management 

P. O. Box 27687 

Raleigh, Sorth Carolina 276/ / -7687 

[9/9) 733-3340 

SI BCHAPTER 2D - AIR POLLC HON 
CONTROL REQLIREMENTS 

SECIION .1 100 - GON IROI. OF TOXIG AIR 
POLI I I ANTS 

.1104 lOXIC AIR POLL! TANT GLIDELINES 

(b) A facility shall not emit after May 1. 1991. 
any of the foUouing toxic air pollutants in such 
quantities that ma\ cause or contnbute beyond 
the premises to any significant ambient air con- 
centration that mav adversclv affect human 



I0I9 



5:16 \ORTH C.4R0LIi\A REGISTER November 15, 1990 



PROPOSED RULES 



health. In determining these significant ambient 
air concentrations, the division shall be guided 
by the following list of acceptable ambient levels 
in milligrams per cubic meter at 77° F (25° C) 
and 29.92 inches (760 mm) of mercury pressure: 

Annual 

(Carcinogens) 

1.5x10-^ 

8.3x10' 

8.3x10' 

1.2x10" 



1 he public hearing will be conducted at 10:00 
a.m. on December 14, 1990 at Room 386, 
Archdale Building, 5/2 N. Salisbury Street, 
Raleigh, NC 27604- J J 88. 



(1) 
(2) 
(3) 
f4> 



acr>'lonitrile 
ammonium chromate 
ammonium dichromate 
boruLon e 
f^(41 1,3-butadiene 1.7x10-" 

(4) (5} calcium chromate 8.3x10 

f?) (6^ carbon tetrachloride 6.7x10 

f^ (72 chloroform 4.3x10 

f^ (8] chromic acid 8.3x10 

(4*>^ (9} chromium (VI) 8.3x10 

f44^ (_H2i ethylene oxide 2.7x10 

f44> (jjj lithium chromate 8.3x10 

(44^ Q2) methylene chloride 2.4x 1 

(44^ (13) perchloroethylene 1.9x10 

f4-^ ( 14) potassium chromate 8.3x10 

H^ (15) potassium dichromate 8.3x10 
(4^ ( 16) sodium chromate 8.3x10 

(4^ QT] sodium dichromate 8.3x10 

(40^ Q8) strontium chromate 8.3x10 

(30) ( 19) tetrachlorodiberLZO-p- 

dio.>dn 3.0x10' 

(^ (20) tnchloroethylene 5.9x10" 

(c) A facility shall not emit after May 1, 1992, 
benzene in such quantities that may cause or 
contribute besond the premises to any sismiticant 
ambient air concentration that ma\ adversely af- 
fect human health. In determining the sitmiticant 
ambient air concentration for benzene, the l^ivi- 
sion shall be guided by the following acceptable 
ambient level: 1.2X10" miUigrams per cubic 
meter annual average at 77^ F (25° C) and 29.92 
inches (760 mm) of mercury- pressure. 

Statutory Authority G.S. 143-215. 3(al( I ): 
143-215. 107(a)(3), (4), (5): 143B-2S2. 

^•k-k-k-k-k-k'k-k-k-k'k-k-k-k-k-k-k 



ly otice is hereby gi\'en in accordance with G.S. 
150B-I2 that the \orth Carolina Wildlife Re- 
sources Commission intends to adopt ndei s) cited 
as ISA .\'CAC lOA .1001: and amend rule(s) 
cited as I5A NCAC I OB .0118: lOF .0302; lOH 
.0806 - .0809; 101 .0003 - .0005. 

1 he proposed effective dale of this action is 
March I, 1991. 



Co 



' omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from No- 
vember 30, 1990 to December 28, 1990. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 5/2 N. 
Salisbury Street. Raleigh, NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOA - WILDLIFE RESOURCES 
COMMISSION 

SECTION .1000 - WARNING TICKETS 

.1001 PARTICULAR OFFENSES 

(a) Warning Tickets Prohibited. Wildlife 
Enforcement Officers shall not issue warning 
tickets for the following offenses, classes of of- 
fenses or offenses committed in a particular 
manner: 

(1) second offense of a similar charge; 

(2) hunting, fishing, or trapping without a li- 
cense, except as listed in this Rule; 

(3) exceeding bag or creel Limits; 

(4) take fish or wildlife by use of poison, ex- 
plosives, or electricity; 

(5) hunting, fishing, or trapping in closed 
season; 

(6) hunting on Game Lands during closed 
days; 

(7) fire lighting deer; 

(8) unlawfully take or possess antlerless deer; 

(9) unlawfully take or possess bear or wild 
turkey; 

(10) unlawful purchase or sale of wildlife; 

(11) unlawful taking of fox; or 

(12) taking wildlife with the aid of or from a 
motor \ehicle or boat under power or 
wliile in motion. 

(b) Warning Tickets Permitted. Wildlife 
Fnforccment Officers may issue warning tickets 
for the foUowmg offenses: 

(1) Boating Violations: 

(A) number missing, lack of contrast, not 
properly spaced or less than three inches 
in heiglit; 

(B) no validation decal affixed or incorrect 
placement; 

(C) fire extinguisher not charged or non- 
approved; 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1020 



PROPOSED RULES 



(D) no fire extinguisher on boats with false 
bottoms not completely sealed to hull or 
filled with flotation material; 

(E) fail to notify North Carolina Wildlife 
Resources Commission of change of ad- 
dress of boat owner; 

(F) personal flotation device not Coast 
Guard approved; 

(G) failure to display navigation lights when 
there is evidence that lights malfunctioned 
while underway; 

(H) no sound device (on Class I boats 

only); 
(I) muffler not adequate; 
(J) loaded tirearm on access area; 
(K) parking on access area in other than 

designated parking area, provided tratfic 

to ramp not impeded; 
(L) violation of more than three offenses 

(motorboat cases only) issue one citation 

on the two most serious violations and a 

warning ticket on the lesser charge(s); or 
(M) motorboat registration expired ten days 

or less. 

(2) License Violations: 

(A) persons under 16 hunting, trapping, or 
trout tishing without meeting statutory 
requirements; 

(B) senior citizens hunting or fisliing with- 
out valid license(s) (Senior citizens are 
those persons 65 years old or older); 

(C) when it appears evident that the wrong 
license was purchased or issued by mis- 
take; 

(D) failure to carr\' required license or 
identification on person, if positive iden- 
tification can be established; 

(E) non-resident hunting, fishing, or trap- 
ping with resident license, if domicile is 
established, but not 60 days; or 

(F) hunting, fishing, or trapping on Game 
Lands or fishing in Designated Trout 
Waters that are not properly posted or 
have only ven,' recently been posted (30 
days grace period). 

(3) Game Lands Violations: 

(A) camp on Game Lands in other than 
designated area; or 

(B) possess weapons readily available for 
use while on game land thoroughfare, 
during closed season. 

(4) Trapping Violations: 

(A) improper chain length at dr\' land sets; 
(Bl trap tag not legible; 

(C) trap tag missing, but with a group of 
properly tagged traps; 

(D) trap tag missing, but evidence that ani- 
mal destroved; 



(E) improper jawsize; 

(F) failure to comply with "offset" jaw re- 
quirement for traps with jaw spread of 
more than SVi inches; 

(G) failure to attend traps daily, during se- 
vere weather (ice, high water, heavy 
snow); or 

(H) no wntten permission, but on right-of- 
way of public road. 
(5) Miscellaneous Violations: 

(A) allow dogs not under the control of the 
owner to chase deer during closed season; 

(B) attempt to take deer with dogs, or allow 
dogs to chase deer in restricted areas; 

(C) use dogs to track wounded deer during 
primitive weapon season: 

(D) failure to report big game kill to nearest 
cooperator agent, when game is tagged 
and subject is enroute to another agent; 

(E) training dogs or permitting them to run 
unleashed on Game Lands west of L95 
during the period of April 1 through Au- 
gust 1 5; 

(F) violation of newly adopted regulations, 
when not readily available to the public; 

-(G) violation of local laws, when informa- 
tion not available to the public; 
(H) all permits (except for fox depredation 

permit); 
(I) closed season, if mispiinted in digest or 

suddenly changed; 
(.1) minor record violation (taxidermist): or 
(K) failure to put name and address on 
marker (trotline). 
(c) Special Consideration. Special consider- 
ation may be given in local areas where the 
offender is hunting or tishing out of his normal 
locality and is unfamiliar with the local law. 
Consideration may also be given for minor vio- 
lations on newly opened or established Game 
Lands and on reclassified or newly Designated 
Mountain Trout Waters. Special consideration 
may be given to youthful offenders under 18 
years of age. 

Statutofy Authority G.S. 113-140. 

SLBCHAPTF.K KlU - lU NTING AM) 
IRAI'IMNG 

SECTION .0100 - GF.NKRAL REGL L.\TIONS 

.0118 SALK OK WII Dl 11 K 

(a) The carcasses or pelts of bobcats, opossums 
and raccoon w hich have been lawfully taken by 
any hunting method, upon compliance with ap- 
plicable fur taaana requirements set forth in 15A 
NCAC lOB .0400', may be sold to licensed fur 
dealers. 1 he sale of carcasses or pelts of bobcats. 



1021 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



PROPOSED RULES 



opossum and raccoon killed accidentally or taken 
by hunting for control of depredations is permit- 
ted under the conditions set forth in 15A NCAC 
lOB .0106(d)(4). 

(b) Except as otherwise provided in Paragraph 
(a) of this Rule, the sale of game birds and game 
animals or parts thereof is prohibited, except that 
processed products other than those made from 
edible portions mado from la^viully acquired 

i-tt~i r-m j-t t-ti j-H f- r^ J- ■-» n w-w-\ ft •-> r\ t t-*-^ ^ 1 .- n - h i i-^ t-v ^r^ *-t /^ ♦ n-i.r-t iAtt\ I 

CTTTT^^ T^TTT^S ^Tr JT^mT^ Lll 1111 iUl J * I 1 111~ 1 1 HIV rTTTT i V. Kx\JtT^ 

idontifiablo ss gam e birds &f gam e animalo ©f 
parts thoroof may be sold provided that no label 
or advertisement identifies the product as a game 
bird, e* game animal, or part thereof and pro- 
vided further that the game bird or game animal 
was lawfully acquired and the product is not 
readily identifiable as a game bird or game ani- 
mal, or part thereof. 

(c) The sale of edible portions or products of 
game birds and game animals is prohibited, ex- 
cept as ma\ be otherwise pro\ided by statute. 

Statutory Authority G.S. 113-134; J/3-273; 
II3-29I.3. 

SLBCH.\PTER lOF - MOTORBO.VFS AND 
WATER SAFETY 

SECTION .0300 - LOCAL \V.\TER SAFETY 
REGLL.ATIONS 

.0302 ATLANTIC BEACH 

(a) Regulated /Vreas. This Rule applies to the 
wat e ro »f the canals >' .' ithin t4*e suhdivisions ©f 
Atlantic Beach loioo a«4 Sound Vi e w tsie* fol- 
lowing waters within the town limits of Atlantic 
Beach; 

01 

13) 



the waters of the canals within Atlantic 
Beach Isles subdi\'i5ion: 



the waters of the canals within Sound 
\"iew Isles subdi\ ision; 
the waters of Hoop Pole Creek from a 
point near the east end of the peninsula 
at the entrance to Hoop Pole Creek on 
Bogue Sound in a westerly direction to 
Lee Drive as designated by appropriate 
markers. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake 
speed within any of the regulated areas identified 
in Paragraph (a) of tliis Rule. 

(c) Placement and Maintenance of Markers. 
The Town of Atlantic Beach is designated as a 
suitable agency for placement and maintenance 
of the markers implementing this Rule, subjoct 

♦ J-y tTi^ i-\t^t-\ r.~\ 1 - --1 1 j-i T t 1-1 ,-v 1 t-l < f f-t.S V. t ■-> t i-i ■-■ 1 i-\ •• t-i I ■ 1 1 ^ T- j-1 

\.\J 1 1 IV. U-l-'t'IT'TUr TTT I 1 IL.' L I U I LU L ? I H I \JJ V, T..TU Ml TLTTTtirU 

afi4 tfee United States Army Corps e^f Lngineors. 

Statutory Authority G.S. 75A-3; 75A-I5. 



SUBCHAPTER lOH - REGLL.\TED ACTIVITIES 
SECTION .0800 - FALCONRY 

.0806 CONDITIONS OF PERMIT 

Every falconry permit shall be issued subject to 
the following special conditions: 

(1) A permittee may not take, transport or 
possess a golden eagle (AquUa chrysaetos) 
unless authorized in writing by the U.S. Eish 
and Wildlife Ser\'ice. 

(2) A permittee may trade or transfer a raptor 
to another permittee if the transaction oc- 
curs entirely within the state and no money 
or other consideration is involved. A 
permittee may trade or transfer a raptor to 
another permittee in an interstate trans- 
action if the prior written approval of the 
commission is obtained and no money or 
other consideration is involved in the trans- 
action. A permittee must report all acquisi- 
tions and dispositions of raptors to the U.S. 
Fish and Wildlife Service on forms supplied 
by the Commission. A permittee may pur- 
chase, sell or barter any lawfully possessed 
raptor which is bred in captivity under a 
federal raptor propagation permit and 
banded with a numbered seamless marker 
provided by the L'.S. Fish and Wildlife Ser- 
vice, provided: 

(a) the person receiving such raptor is au- 
thorized to possess it under this Section, 
ef or 50 CFR 21, or the foreign country 
of his residence or domicile in accordance 
with 50 CFR 21.28(e)(2)(iu)(A); and 

(b) 1 he permittee transferring such raptor has 
acquired it from a person authorized to 
possess it as pro\ided by the Subpara- 
graph (a) of this Paragraph. 

(3) A permittee may not take, possess, or 
transport a raptor in violation of the re- 
strictions, conditions, and requirements of 
the federal and state falconry' regulations. 

(4) Of hify i4- »f e ach year, a pennittee shall 
submit te- Ae commission a falconry report 
containing ihe following: 

(*f a listing ef att raptors ift 14* possession e« 
June ^ »i t-he yeaf » which tlw report is 
ftle4 by species, marker number, !re* (if 
known), age (if known), a^d date afi4 
' . ' i here ef from whom acquired; 

(b^ a fe ef all raptors possessed e* acquired 
since tfee previous annual report, bwt- »» 
longer poss e ssed, by sp e ci e s, mark e r 
number, se* (if known), age (tf known), 
date aftd where e* from whom acquired, 
attd te whom gisen, ef ' . ' ■ helher escaped. 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1022 



PROPOSED RULES 



4w4 ©* roloaood, afi4 when tfee e v e nt ©e- 
curred; 
fe^ aftv other information required by the 
coinmi ' jfdon. 

(4) 1^ 'Yht falconry' seasons and the daily, pos- 
session and season bag limits are contained 
in 15A NCAC lOB .0216. 

(5) f4i A permittee must have his permit in 
possession at all times when raptor trapping 
devices or raptors are in his possession away 
from his residence. 

(6) f^ In addition to crimmal penalties for \io- 
lations provided by federal and state statutes, 
permits are subject to suspension or revoca- 
tion in accordance with apphcable law. 

Auihoritv G.S. 113-134: // 3-270.3: 

II3-270.3ib)(5): 50 C.F.R. 21.28: 50 C.F.R. 
21.29. 

.0807 CLASSES OF PERMITS 

(a) Apprentice Class. Apprentice class falconn,' 
permits are subject to the following conditions, 
requirements and Umitations: 

(1) The permittee must be at least 14 years 
old. 

(2) Regardless of the age of the permittee, the 
apprentice must have a sponsor who is a 
holder of a general or master falconry 
permit for the period fif^ ^ve- yearr . during 
which the apprentice permit is held. The 
sponsor must be a North Carolina resi- 
dent or mu^t li\e withm 200 miles of the 
apprentice. A sponsor may not have 
more than three apprentices at any one 
time. A sponsor must provide written 
justification to the Commission when he 
decides to drop an apprentice. I he 
Commission will notit\ the apprentice 
who must obtain another sponsor and so 
advise the Commission within W da\'s. 
After this £0 dav penod. the apprentice s 
raptors ma\' be sciy.ed by the Commission 
and the permit revoked. Re-application 
and testing will be required alter the pas- 
sage <.2\_ IMi da\ s. 

(3) The permittee may not possess more than 
one raptor and may not obtain more than 
one raptor for replacement during any 
period of 12 months. 

(4) The permittee may possess only the fol- 
lowing raptors which must he taken from 
the wild: an .\merican kestrel (Falco 
spar\'erious), a red-tailed hawk (Buteo 
jamaicensis). or a red-shouldered hawk 
(Buteo hncatus). 



(b) General Class. General class falconry per- 
mits are subject to the following requirements 
and limitations: 

(1) The permittee must be at least 18 years 
old. 

(2) The permittee shall have at least two years 
experience in the practice of falconry at 
the apprentice level or its equivalent. The 
permittee's apprentice sponsor must pro- 
vide written certification of the falconer's 
skills on forms supplied bv tjic Commis- 
sion. 

(3) The permittee may not possess more than 
two raptors and may not obtain more 
than two raptors for replacement during 
any period of 12 months. 

(4) The permittee may not take, transport, or 
possess any golden eagle or any species 
Usted as endangered or threatened under 
the federal regulations, except as provided 
by the federal falconry regulations. 

(c) Master Class. Master class falconr\- permits 
are subject to the following conditions and Limi- 
tations: 

( 1 ) The permittee must have at least five years 
experience in the practice of falconry at 
the general class level or its equivalent. 

(2) The permittee may not possess more than 
three raptors and may not obtain more 
than two raptors taken from the wild for 
replacement during any period of 12 
months. 

(3) The permittee may not take, transport, or 
possess any golden eagle for falconry pur- 
poses unless authorized in writing by the 
U.S. Fish and Wildlife Service. 

(4) The permittee may not take species listed 
as endangered in 30 CFR 17 but may 
transport or possess such species in ac- 
cordance with 50 CFR 17. 

(5) The permittee may not take during any 
period of 12 months, as part of his three- 
bird hmitation, more than one raptor 
hsted as threatened in 50 CFR 17 and 
then only in accordance with 50 CFR 17. 

.Authority G.S. II3-I34: I I3-270.3(bj( 5 ): 50 
C.F.R. 21.29. 

.0808 F.\CIEITIES .\ND EQLWMENT 

(a) Inspection and Certification. Prior to is- 
su;mce of a falconry permit, the applicant's 
raptor housing facdities and falconrv' equipment 
shall be certified by a representative of the Com- 
mission as meeting the standards set forth in 
Subsections (b) and (c) of this Rule. 

(b) Housing Facihties. The primary consider- 
ation of raptor housing, whether indoors (mews) 



1025 



5:16 AORTH CAROLL\A REGISTER November 15, 1990 



PROPOSED RULES 



or outdoors (weathering area), being protection 
of the raptor from the environment, predators, 
and undue disturbance, the applicant shall have 
holding facilities meeting the following standards: 

(1) Indoor Facilities (Mews). Mows shall be 
largo enough to allow es^ acc e ss fof eaf- 
iftg fof the raptors housod thoroin. Mini- 
mum size of the mew shall b£ ^ i ^ feet 
with access pro\ided bv a full size door at 
least 2 X fo feet . Chipboard or 
waferboard must be properly scaled to 
prevent formaldehyde toxication. Interior 
walls should not be painted or stained. 
-Mews should be located awav from loud 
noises and shade should be provided. If 
more than one raptor is to be kept in a 
mew, they shall be tethered or separated 
by partitions and the area for each bird 
shall be large enough to allow the bird to 
extend its wings fully. There shall be at 
least one window, protected on the inside 
by vertical bars and containing a window 
perch, spaced narrower than the width of 
the bird's body, and a secure door that 
must close automatically, eaft be easily 
clor . od. The tloor of the mew ,shall permit 
easy cleaning and shall be well drained. 
Adequate perches shaU be provided. 

(2) Outdoor Facilities (Weathering /Vreas). 
Weathering areas shall be fenced and cov- 
ered with netting or wire mesh, or roofed 
to protect the birds from disturbance and 
attack by predators, except that perches 
more than six and one-half feet high need 
not be co\ercd or roofed. Co\'crs or roofs 
shall not be less than sc\en teet high and 
shall have at least 24 inches clearance 
abo\e hmhcst perch. I he enclosed area 
shall be no less than 8 x S feet, but large 
enough to insure the birds cannot stnke 
the fence when flying from the perch. 
The floor of the wcathcnng area shall be 
covered with a thick co\enng of natural 
or artificial turf and allows tor adequate 
drainage. Frotcction from c.\cessi\e sun. 
wmd, and inclement weather shall be 
pro\ided for each bird. .Adequate perches 
shall be pro\'ided. The weathering area 
shall also include a |uinp box. .A-frame. 
or similar structure which will ciffer the 
raptor a secure perch. \\\ edges of this 
structure shall be padded with artificial 
turi or similar matenal. I he intenor 
width and the interior heidit from the 
bottom to top, shall be no less than 12 
inches for a retl-tailed hawk, or I ' ; times 
the length of the bird to be accommo- 
dated. Ihe intenor perch shall be a min- 



imum of five inches high. Structure shall 
be constructed of treated matenals or 
painted with a non-lead base paint. At 
least two perches shall be provided for 
each bird, and should be covered with ar- 
tificial turf, hemp rope, or similar mate- 
rial. Secured leash shall otfer access to all 
perches and bath container vet should not 
come in contact with the fence and be free 
from entanalement. 



(c) Equipment. 1 he following items shall be 
in the possession of the applicant before he can 
obtain a permit: 

(1) At least one pair of /Vlymeri jesses or 
similar type constructed of pliable high- 
quality leather or suitable synthetic mate- 
rial to be used when any raptor is flown 
free; (Traditional one-piece jesses may be 
used on raptors when not being flown.) 

(2) At least one flexible, weather-resistant 
leash and one strong figure eight type 
swivel of acceptable falconr\' design; 

(3) At least one suitable bath, twe to si* 
inches 2"-6" deep and widt>r than Ae 
l e ngth el tbe raptor, at least 24" wide for 
drinking and bathing for each raptor; 

(4) A reliable scale or balance with perch at- 
tached for weighing raptors held and ca- 
pable of measuring up to five pounds and 
graduated to increments of not more than 
one half ' '2 ounce or 15 grams; 

(5) Outdoor Perches. At least one portable 
weathering area perch of an acceptable 
design shall be provided for each raptor. 
These include a block, ring or bow perch. 

(d) Maintenance. All facilities and equipment 
shall be kept at or above the standards contained 
in Subsections (b) and (c) of this Rule at aU 
times. 

(e) Transportation and Temporary Holding. 
A raptor may be transported or held in tempo- 
rary facilities which shall be pro\ided with an 
adequate perch and protected from extreme tem- 
peratures and excessive disturbance for a period 
not exceeding 30 days. 

Aiahoritv G.S. 113-134: J /3-2^0.3(bj(5 ); 50 
C.F.R. 21.29. 

.0809 MARKING 

i -t \ \ I . t- 1 - . tT- ■ I . ■ 1 1 ■ Vi 1' ■ I T-w t ■ A f tn . ^1 . 1 \ 1 : 1 f ti t ft t 1-1 1 ^ .-- 1 ■ 1 t . t 

\ T.I 7 . ' T (-1 1 I\V I .' . I TrVIT I T.II "TT.'I rT^TTT tTTTTTTTT t TTT ' TTTTTTTr^ 

Other than thos e beW fe+ scientific, zoological 
purposes, e+ rehabililalion purposes a* provided 
A->f througji tederal pennit. shall be aiTixed V i ith 
» numbered, non reu '^ able murl^LT '. upplic ' d by 
tbe commission. i\fl e r the effect ivo date ef tb» 
Section, b e for e a«y unmark e d raptor i^ acquired 
m tbt* stat e . *» appropriate murker must be fe4 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1024 



PROPOSED RULES 



aoquirod aR4 attached te- A# raptor immcjiJiatt^ly 
upon aoqui i. ition. A wntton application hr w- 
quirod te- obtain awy ouch marker. Ipon ir . c . uing 
afty Duoh miirkc'r. t4+e executive director f»ay jfH- 
poc i o ouch conditions eft t4*<* method t>f acquir . i 
ke» ©f taking '. uch unmarked raptor, t+ti* species 
te ^4* talcen. aft4 tfe<* kK' - ation m- which t4*i* sam e 
» pemiitt e d te be taken *s be may deem appro 
priat e fof t4w oonsenation ef Wii4 raptor popu 
lations m t-bwr state. 

All percmnc falcons (Falco pcrcgrinus), 
grvfalcons (I'alco nisticolus). and Hams hawks 
( Parabuteo unicinctus) possessed for falconp," 



purposes must be marked in accordance with the 

follow imz pro\isions: 
( 1 ) .\n\ perennne falcon (Falco pereunnus), 
g\ rial con 1 1 alco nisticolus). or 1 larris hawk 
( Parabuteo unicinctus). except a captive 
bred raptor laufulK' marked bv a numbered, 
seamless band issued by the .Scnice. must 
be banded with a pemianent. non-reusable, 
numbered band issued bv the Service. 
(3) .\n\" peregrine talcon I Falco pereLrrinus), 
L!\rtalcon (I alco iTisticolus). or Hams hawk 



( Parabuteo unicinctus). 

must be 



possessed lor 
lalconr\' pun''Ose> must be banded at all 
times in accordance with these standards. 



I OSS or remo\al of anv band must bi 
iNSuinc 



otticc 



_2 re^ 

within fwz 



polled to tlie 
working da\s of the loss and must be re- 
with 



placed 
numberet 



a 



permanent non-reusable. 



'>and supplied b\ the Ser\icc. 



(.^) After the ettecti\e date of this Section, be- 



fore an\ unmarked raptor ot th 



ese species is 



acquired m this slate, an appropnate marker 
must be first acquired and attached to the 
raptor unmediateh upon acc|uisition. A 
w ntten application is required to obtain anv 
such marker. 

(4) Pcnnittces must affix a non-reusable marker 
to an\' raptor which ma\ require re1ra|')ping. 
Onh marked raptors ma\' be ret rapped at 
an\ time. 

(5) fb4 Counterfeiting or .Vltcration. No person 
shall counterfeit, alter, or deface any marker 
required by this Rule, except that pennittees 
may remove the rear tabs on markers and 
may smooth any surface imperfections pro- 
vided the integrity of the markers and num- 
bering are not affected. 

Aut/writv G.S. II3-I34: / I3-2W.3fb)f5); 50 
C.F.R. 2/. 29. 

SlBCIIAl'TFR 101 - FND ANGFRED .\ND 
rilKFAFFNFn SPFCIFS 

.0003 FNDANGFKED Sl'ECIKS LISFED 



(a) The following species of resident wildlife are 
designated as federaUy-Usted- endangered species: 

(1) Amphibians: 

None Listed At This Time 

(2) Birds: 

(A) /Vmerican peregrine falcon (Falco 
pcregrinus anatum); 

(B) Bachman's warbler (Vermivora 
bachmanii); 

(C) Bald eagle (Haliaeetus leucocephalus); 

(D) Ivorv-billed woodpecker (Campephilus 
principalis); 

(E) KirtL'mds warbler (Dendroica 
kirtlandi); 

(F) Red-cockaded woodpecker (Picoides 
borealis); 

(G) Roseate tern (Sterna d. dougallii); 
(H) Wood stork (Mvcteria amcricana). 

(3) Fish: 

(A) Cape fear shiner (Notropis 
mekistocholas): 

(B) Shortnose sturgeon (Acipenser 
brevirostrum), when found in inland fish- 
ing waters. 

(4) Mammals: 

(A) Carolina northern flying squirrel 
(Glaucomys sabrinus coloratus): 

(B) Eastern cougar (f-elis concolor cougar); 

(C) Gray bat (\hotis grisescens); 

(D) Indiana bat (Myotis sodalis); 

(E) Manatee (Trichechus manatus), when 
found in inland fishing waters; 

(F) Virginia big-eared bat (Plecotus t. 
townsendii). 

(5) Mollusks: 

(A) Dwarf wedge mussel (Alasmidonta 
hcterodon): 

(B) 1 ittle-wing pearhmussel ( Pegias 
tabula); 

(C) Far river spiny mussel (EUiptio 
|canthyria] steinstansana). 

(6) Reptiles: 

(A) Atlantic ridley turtle (Lepidochelys 
kempii); 

(B) FFiwksbill turtle (Fretmochelys 
imbricata); 

(C) Featherback turtle (Dermochelys 
coriacea). 

(b) Fhe following species of resident wUdhfe 
are designated as state-Usted endangered species: 

(1) Ampliibians: 

Green salamander (Aneides aeneus). 

(2) Birds: 

Non e Fi '. ted A4- Ihi -' lime 

Bewick s wren ( IhrNomanes bewickii); 

(3) Fish: 

None Fisted At Iliis Fune 

(4) Mammals: 



1025 



5:16 NORTH CAROLINA REGISTER i\ovember 15, 1990 



PROPOSED RULES 



None Listed At This Time 

(5) MoUusks: 

Nona Liot e d A* Th« Timo 

(A) Appalachian clktoe (Alasmidonta 
raveneliana); 

(B) Barrel Floater (Anodonta couperiana); 

(C) Carolina heclsplitter (Lasmigona 
decorata): 

(D) Fragile glvph (Glyphyalinia clingmani); 

(E) (>rcen floater (Lasmigona subviridus); 

(F) Knotty climia (Cioniobasis interrupta); 

(G) Magnificent rams-horn (Planorbella 
magnilica); 

(H) Neuse spike (EUiptio judithae): 
(I) Pistolgrip (Tritigonia verrucosa]^ 
(J) Slippcrshell mussel (Alasmidonta 

viridis): 
(K) Lennessee heclsplitter (Lasmigona 

holstonia); 
(L) Tennessee pigtoe (Fusconaia 

bamesiana). 

(6) Reptiles: 

None Listed At This Time 



Statutory Authority G.S. 
113-292; 113-333. 



113-134: 113-291.2; 



.0004 THRKATENED SPECIES LISTED 

(a) The following species of resident wildlife are 
designated as federally-listed threatened species: 

(1) Amphibians: 

None Listed At This Time 

(2) Birds: 

(A) /Vrctic peregrine falcon (Falco 
peregrinus tundrius); 

(B) Piping plover (Charadrius melodus). 

(3) Fish: 

(A) Spotfin chub (Hybopsis monacha); 

(B) Waccamaw silverside (Menidia 
extensa). 

(4) Mammals: 

Dismal swamp southern shrew (Sorex 
longirostris fisheri). 

(5) MoLlusks: 

Noonday teft4 snail globe (Mcsodon 
clarki nantahaia). 

(6) Reptiles: 

(A) American alligator (Alhgator 
mississipiensis); 

(B) Green turtle (Chelonia mydas); 

(C) Loggerhead turtle (Caretta caretta). 

(b) The following species of resident wildlife 
are designated as state-listed threatened species: 

(1) Amphibians: 

(A) Eastern tiger salamander (Ambystoma 
t. tigrinum); 

(B) Wchrle's salamander (Plethodon 
wehrlci). 



(2) Birds: 

Nono List e d At Tki* Timo 

GuU-billed tern (Gelochelidon nilotica 

aranea). 

(3) Fish: 

None Listed At This Time 

(4) Mammals: 

Eastern wood rat (Neotoma f. floridana). 

(5) Mollusks: 

Nono Liotod A4- This Tim e 

(A) Atlantic pigtoe (Fusconaia masoni); 

(B) Big-tooth covert (Mesodon 
jonestianus); 

(C) Brook floater (Alasmidonta varicosa); 

(D) Cape Fear spike ( EUiptio 
marsupiohesa); 

(E) Cape Fear threctooth (Triodopsis 
soelneri): 

(F) Clingman co\ert (Mesodon 
clingmanicus): 

(G) Engraved covert (Mesodon orestes); 
(H) Mountain creeksheU (ViUosa 

vanuxemensis): 
(L) Roan supercoil (Paravitrea varidens); 
(J) R-oanoke slabshcU (EUiptio 

roanokensis): 
(K) Savannah lilliput (Toxolasma puUus): 
(L) Sculpted supercoil ( F\aravitrea temaria): 
(M) Seep mudalia (I eptoxis dilatata): 
(N) Smokv Mountain co\'ert (Mesodon 

fcrrissi): 
(O) Squawfoot (Strophitus undulatus); 
(P) I nangJe floater (.Vlasmidonta 

undulata); 
(Q) Waccamaw ambersnaU (CatincUa 

waccamawensis); 
(R) Waccamaw fatmuckct (I ampsUis 

fuUerkati): 
(S) Waccamaw spike (EUiptio 

waccamawensis); 
(T) ^'ellow lampmussel (I ampsilis cariosa); 
(L) \cUow lance (EUiptio lanceolata). 

(6) ReptUes: 

Bog turtle (Clemmys muhlenbergii). 

Statutory .Authority G.S. 113-134; 113-291.2; 
113-292: 113-333. 

.0005 SPECIAL CONCERN SPECIES LISTED 

The foUowing species of resident wUdlife are 
designated as state-Usted special concern species: 
(1) /Vmphibians: 

(a) Carolina crawfish frog (Rana areolata 
capito): 

(b) Cre\ice salamander (Plethodon 
longicrus); 

(c) Dwarf salamander |sUver morjih] (Eurycea 
quadridigitata); 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1026 



PROPOSED RILES 



(d) Eastern hellbender (Cr>ptobranchus a. 
alleganicnsisl; 

(e) Four-toed salamander ( Hemidact\ lium 
scutatum); 

(f) Junaluska salamander (Eur\'cea 
junaluska): 

(gl Longtail s:damander lEun.'eea 1. 

longicauda); 
(hi Mole salamander (.\mbystoma 

talpoideum): 
(i) Mountain ehorus frog (Pseudacris 

brach>phona): 
(jj Mudpuppy (Necturus maculosusi; 
(k) Neuse river waterdog (Necturus lewisi); 
(Ij River frog (Rana heckscheri): 
(m) W'eller s salamander (Plethodon welleri): 
(ni Ziazag salamander (Plethodon dorsalis). 
(2.) Birds: 
(a) Bachman s sparrow (AimophiJa 

aestivalis): 
(-t>4 Bl ' v . ick ! ' ' . vr e n (TliPiomanjo bowickii): 
(bi ^e4 Black-capped chickadee (Parus 

atncapillus): 
(CI (4+ Black skimmer (Rhynchops nigeri: 
(d) fe-^ Brown pelican (Plecanus occidentalis): 
(ei f44 Black \'ulture (Coragyps atratus): 

(f) (-S+ Cooper s hawk I Accipiter cooperi): 
(s) (4^f Glossy ibis ( Plegadis falcinellus): 

(h| (+> Golden-crowned kinglet (Regulus 

satrapa); 
fj-f Gull billed fi?fH- I Golocholidon nilotica 

aranoai: 
[i] flr+ Little blue heron lEgretta caerulea): 
(J2 4+ Loggerhead shrike (Lanius 

ludo\icianus): 
(ki f«w Northern saw-whet owl (Aegolius 

acadicus); 
(_l_l (-ft4 01i\'e-sided flycatcher (Contopus 

boreaUs): 
(m) f*>4 Snowy Egret (Egretta thulai: 
(n) (^ Tncolor heron ( Ecretta tricolor). 

(3) Fish: 

None Listed At This Time 

(4) Mammals: 

(a) Brazihan free-tailed bat (Tadanda 
brasiliensis cynocephala): 

(b) Eastern wood rat (Neotoma floridana 
haemitora and N.f. magisteri: 

(c) Keen's bat (M\otis kcenii 
septentrionalis): 

(d) Long-tailed shrew (Sorex dispar blitchi): 

(e) Pygniy shrew (Sorex hoyi winnemanai; 
(fl Rafmesque's big-eared bat (Plecotus r. 

rafinesquii and P.r. macrotis); 

(g) Rock \ole I Microtus chrotorrhinus 
carolinensis); 

(h) Small-footed bat (Myotis 1. liebi): 

(i) Southeastern bat (Myotis austroriparius); 



(j) Star-nosed mole (Condylura cristata 

pan"a): 
(k) Water shrew (Sorex palustris 

punctulatus). 
(5) MoUusks: 

None Lif . ted A* Thic Time} 

(a) Alabama rainbow (\'illosa nebulosa): 

(b) Alewife floater ( Anodonta imphcata): 

(c) Appalachian doss (/onitoides 
patuloides): 

(d) Bidentate dome (\'entridens coelaxis): 

(e) Black mantleslua ( Pallifera hemphilli): 

(f) Blackwater anc\lid ( 1 crns>ia hender^oni): 
(2) ■ 



(111 



Blue-foot lancetooth (llaplotrema 
Carolina creekshell (\'illosa 



kendeiehi): 



\'auahanianusi: 
(i) Carolina elktoe ( Alasmidonta robusta): 



(j) Dark d\'ph i Gl\ph\alinia lunaluskana): 
(k) Dwari proud dobe I Mesodon clarki): 
(J_) Dwarl' threetooth i1 nodopsis fulciden): 
(m) Lastem lampmussel (1 ampsilis radia ta): 



(n) Eastern pondmussel ( I iiiumia nasuta): 
(o) Lnnced coil ( Helicodiscu^ flmbnatusi: 



(p) Glossy supercoil i Para\ itrea placentula): 
(qi Cjreat Smok\ slitmouth (Stenotrema 



(r) 



Cs) 



depilatumi: 

(jreenfield 
eucosmium ): 



rams-hom (Helisoma 



Hidi mountain supercoil ( Para\ itrea 

andrewsaei: 
(t ) 1 lonex Lihph ( Gh phvahnia vanattai): 
(u) 1 amellate supercoil ( Para\ itrea 

lamellidens); 



(v) Mire\ Rid'-ic supercoil (Para\ itrea clappi): 

f w ) Open supercoil ( ParaMtrea umbilicans): 

(X) Pink -ih ph I (j1\ ph\ alinia pentadelphia): 

(V) Pod lance (Ldliptio loUiculata): 

(z) Queen crater 'Mesodon chilhoweensis): 
(aa) 



Ramp Cow 
lacteodens); 



--urercoil I Para\iirea 



(bb) Saw-tooth disc ( Discus bp,anti): 

I cc 1 Spike ( Idliptio dilatata): 

idd) Spiral coil I Helicodiscus bonamicus): 

( ee ) Lidewater muck el ( lamp-'ilis ochracea ) : 



( ff ) W-k.et coven ( Mesodon -ubpalliatus): 
( gg ) W'accamaw amnicola (AmnicoLi --p.): 
(hhi 



(11) 

nil 



W'accamaw lampmussel ( Lampsilis 
crocatal: 

W'accamaw silt snail ( Cincinnatia sp.): 
W':i\-\--ra\ed lampmussel i L ampsilis 

fasciola). 



(6) Reptiles: 
(a) Carolina salt marsh snake (Nerodia 

sipedon williamengelsi); 
(bi Diamondback terrapin (Malaclem\s 

terrapin): 



102- 



5:16 yORTH CAROLI.\A REGISTER Sovcmbcr 15, 1990 



PROPOSED RULES 



(c) Eastern smooth green snake (Opheodr>'s 
V. vcmalis); 

(d) Eastern spiny softshell (Apalone s. 
spinifera); 

(e) Mimic glass lizard (Ophisaurus mimicus); 

(f) Northern pine snake (Pituophis m. 
melanoleucus); 

(g) Outer banks kingsnake (Lampropeltis 
getulus sticticeps); 

(h) Stripencck musk turtle (Stemotherus mi- 
nor peltifer). 

Statutory Authority G.S. 113-134; 113-291.2; 
113-292; 113-333. 

TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 



lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Education in- 
tends to amend rule(s) cited as 16 A'C.IC 6C 
.0310; 6H .0010. 

1 he proposed effective date of this action is .4pril 
1. 1991. 

1 he public hearing will be conducted for 16 
NCAC6H .0010 at 10.00 a.m. and 16 .\CAC 6C 
.0310 at 11:00 a.m. on December 14. 1990 at the 
3rd Floor Conference Room. Education Building. 
116 IV. Edenton St., Raleigh. \C 27603-1712. 



Co 



'Omrnent Procedures: .Arty interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDL CATION 

SLBCHAPIER 6C - PERSONNEL 

SECTION .0300 - CERTIEICATION 

.0310 STANDARD EXAMINATIONS 

(a) The NTE are the standard examinations 
required for initial certification. 

(1) lor formal admission into an approved 
teacher education program, a person must 
score at least 643 on the Communication 
Skills Test and 641 on the General 
Knowledge Test. These requirements 
apply to person who have not passed 
these tests by Januan,' 1, 1990. The score 
on the Communication Skills Test will be 
increased to 646 and the score on the 
General Knowledge Test will be increased 
to 645 as of July 1, 1992. "I'hcsc require- 



ments do not apply to persons whose 

specialty area is school social work, school 
counsehng or school psychology. 

(2) All applicants for initial certification must 
score at least 646 on the Professional 
Knowledge Test. 

(3) In addition to the Professional Knowledge 
Test, each applicant for initial certification 
must meet minimum teaching area scores 
as follows: 

(A) Agriculture 

(B) Art Education 500 

(C) Audiology 570 

(D) Biology 510 

(E) Biologv' and General Science 550 
(E) Business Education 530 
(G) Chemistry 460 
(H) Chemistry, Physics and 

General Science 510 

(I) Early Childhood Education 500 

(J) Earth/Space Science 470 
(K) Earth Space Science (Middle 

Grades Science) 470 
(L) Education in the Elementary 

School 520 
(M) Education of the Mentally 

Retarded ' 510 

(N) Educational Leadership: 
Administration and 

Supervision 520 
(O) English Language and 

literature 490 
(P) English Language and Literature 

(\hddle Grades Languaee .Arts) 400 

(Q) Erench " 500 

(R) German 470 

(S) Health Education 550 

(T) Home Economics Education 510 

(U) Industrial Arts Education 530 
(V) Introduction to the Teaching 

of Reading 470 

(W) Libran. Media Speciahst 550 

(X) Marketing Education 620 

(Y) Mathematics 510 
(Z) Mathematics (Middle Grades 

Mathematics) 490 

(AA) Music Education 500 

(BB) Physical Education 550 

(CC) Physics 470 

(DD) Reading Specialist - 510 
(EE) School Guidance and 

Counseling 500 

(FF) School Psychologist 590 

(GG) Social Studies 510 
(HH) Social Studies (.Middle Grades 

Social Studies) 480 

(II) Spanish 500 
(JJ) Special Education (Cross 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1028 



PROPOSED RILES 



Categoncal) 440 

(KK) Speech Communication 510 

(L.L) Speech- 1. anguage Pathology 550 
(MM) Teaching Fimotionally 

Disturbed Students 590 

(NN) Teaching linglish as a Second 

I anguage 520 

(00) Teaching Hearing Impaired 

Students '' " 5Q0 

(PF) Teaching Le;iming Disabled 

Students '^ 500 

(QQ) Teaching \'isualls I landicappcd 

Students 550 

(4) If no teaching area score is possible under 
Paragraph (a)(3) of this Rule, the Profes- 
sional Knowledge score satisfies the NTE 
requirement. 

(5) Based on the speci:il nature of the prepa- 
ration for certitication. School Social 
Workers are excluded trom Nib regu- 
lations and School Ps\chologists are re- 
quired to take only the .Area examination 
for School PsNchologists. 

(b) Instead of the Nit scores an applicant, 
except a North Carolina appro\ ed program 
graduate at the Class A Ie\ el. ma\' be certified on 
the basis of the Graduate Record bxaminations 
with minimum scores of 3S0 on the \'erbal 
AbilitN . 410 on the Quantitative Ability, and 3S0 
on the .Ajiahlical Abilit\' examinations. 

Aiiihority G.S. I l5C-I2iO la: .\.C. Consiitinion. 
Article /.v. Sec. 5.- 

Sl BrilAIMKR 611 -IKDKRM I'KOIVRAMS 

.0010 STKCI AL KDl ( AllON Dl t I'kOCKSS 
I'KOCFDLRKS 

(a) The due process procedures set forth in 34 
CFR 300.50(1 through 300.513 are adopted herem 
b\' reference thereto. 

(b) Only impartial heanng re\ie\\ officers who 
ha\'e been trained and appro\ed by the SB I; nia\ 
conduct re\iew" heaniiiis. -1-4+e I \ \ vi liK'h l i nklv 



tlw hoLinng nui ' U contract v . iih t4+c' appoint e d 
liL ' unng olficL ' r afhi aoiaimi. ' lU ' Cal rL'f . ponribility fof 
f+h:^ hearing. 

(CI I k ' anng Re\iew ofticers are appointed for a 
two-\ear tenn. A«- applicant niU"t meet f+tr' M~ 
lo' . v mg cntenii k* )*e iippoinled: 

(-4-4 hold rt4- lea-t r+ ba..c^ilLi i ireali. - degrt't. ' : 
t-=-f Iki' i e ■' ]" ' ecial Iraining h-i- ItHa- ji . y Lhi'logy. 
; ' pecuil educLilion t*f ■' chool adnunio 
tration: a«4 
h^ hr^ a\ ailable t-t* v e p i e 'hroughout t*H^ e* 
more e ducation divtnct ' . ' . 



(d) I leanng Re\ lew ofticers ha\e A<? poworo 
li 'i ted tft (> S 15 <i B 33 r+«4 the following poworo: 
duties: 

( 1 ) to Oj i tablir . h r;?a - : . onable time limitation - j eft 
(4*e parti e-' ' presentation - : ' : examine the 
entire he;inniz record: 



(2| 



(3) 



to di -. villov , " iiT e k" . ant. iinmatenal t-vf fe- 
petitr i o j' l idence: ensure that the proce- 
dures at the heanniz conducted bv the 
ai.lministrati\ e law ludge were consistent 
with the requirements of due process: 
to dir e ct t+irri- iidditioiud e s akuitionr . (4 Ai* 
child l>(? pertonned: seek additional e\i- 
dence. if necessar\ 



recei\e addilion.il e\"idenc 



It a heanng ^s held to 
tlie parties 



(4) 



(5) 



(b) 



9i 



ha\e the Name nehts as applied ui the or- 
iginal hcanne: 

to make lindmg" (r4 }Tfc+ aH4 eoncki ' aoiT . 
(4 kiw rek" . ant te- 4vi? ior . uo i : . involved ift 
(+He heanng: afford the parties an oppor- 
tunitN for oral or \\ ntlen argument, or 
both. jX the discretion o\_ the re\ lew offi- 
cer: 

to io ' jue ■ iibpoenao fof t4te attendance t4" 
V i itne -' ve -' 0+ t+h? production ef document '. : 
make an in^lependent deciNion on com- 
pletion of the re\ lew: and 
to ■ jpecif i t+k* t;. pe rt«4 vcope h+ tl+e pro 
gram aft4 r e kiled '.e i ' i ic e;, te- b^^ offered t4+e 
child, ' . ' . "here t4+e piopo '^ ed program t*f 
pkic e ni e nl h- lound !-»->+ k* br* apprt'pnate. 
rtft4 t4+e k - Li '' ! re"tni.U' i e en' . ironment ttf>- 
propn^ite k+ tkn* child ■■ need '. : rm4 a\e a 
copy of written tindings and the decision 
to the parties 

to ai.i' i I '. e f4+e partie '. t-4 their right uiiiler 
44-^ 15 ii B I" k* -eT4T rt d e LkifLilop . ruling 
t+H+H- tk^e "iLile board, v . Ik ' i\ ' rtft I '.'. ue con 
cenV ' (4*e ' . iiliditv ef ct ft4e t*f (4+e applica 
bilro. (-4 t+ "lalute a>.liiiiia"leied by t4+e 
board k+ » gn . en "tale r4 IlkI '. 
AppeLil trom c+ kual lieaime deci ' ion w^ j«- 
re' i lev f et- e* "Kile re' . ie' . v deci ' . ' ioii i- 



dlCUll 

e»H^ by G4^ II5C Ui^. 
Suuuiofj Auihority G.S. I I5C-I41. 

mil IS - SIXRKTARV OF STA IF. 

i\ oticc is hereby gi\'efi i/i accorda/ice u/V/i G.S. 
/50B-/2 ihai ilie Depannienr of' Secreuirj of 
State. Securities Dhision i/iteticls to adopt rules 
cited as /S .\CAC b .IHU - .1906. 



Tk 



he proposed efTecti\e 
.March I. 1991. 



date of this action is 



1029 



5:16 .\ORTH CAROLLXA REGISTER November 15, 1990 



PROPOSED RULES 



Tk 



he public hearing will be conducted at 10:00 
a.m. on December 14, 1990 at the Securities Di- 
vision, Legislative Office Building, 300 North 
Salisbury Street. Suite 404, Raleigh, NC 27603. 



Co 



- omment Procedures: Any person may present 
oral comments at the hearing. Requests to speak 
should be presented in writing to the Deputy Se- 
curities Administrator at the address shown below 
no later than fi\-e days before the date of the 
hearing. Additional comments may be allowed 
by the Division at the public hearing as time al- 
lows. All presentations will be limited to 30 min- 
utes. No fiscal note has been prepared pursuant 
to N.C.G.S. I50B-1 1(3) in connection with this 
proposed addition to the administrative rules of 
the Division, as the proposed addition will not re- 
quire the expenditure or distribution of state 
funds. 

Any interested person may also present written 
comments on these rules for consideration by the 
Securities Di\'ision. The hearing record will re- 
main open for receipt of comments from Novem- 
ber 15, 1990, through December 14, 1990. 
Written comments should be received by the Divi- 
sion by midnight on December 13, 1990 to be 
considered as part of the hearing record. Com- 
ments should be addressed to: 

Stephen M. Wallis 
Deputy Securities .Administrator 

Securities Division 

Department of Secretary of Stale 

Room 404 

300 North Salisbwy Street 

Raleigh, NC 27603-5909 

CIIAI'TFR 6 - SF.CLRITIES DIVISION 

SECTION .1900 - REGISTRATION OF ATHLETE 
AGENTS 

.1901 APPLICATION FOR REGISTR.\TION 
OF AH ILL IE AGENTS 

(a) Each applicant for registration as an athlete 
agent shall complete the "North Carolina Athlete 
Agent Registration Application" (Form 
NC/\,\1). .Appended to such form shall be one 
of the following disclosure documents: 

(1) The National Basketball Players Associ- 
ation's " Application for Certification as 
an NBPA Player Agent"; 

(2) The National Football League Players 
Association's "Application for NFL PA 
.Member Contract Adviser"; 



(3) The Major League Baseball Players As- 
sociation's "MLBPA Player Agent Cer- 
tification Statement"; 

(4) The North Carolina Disclosure Form 
(Form N'CAA3); or 

(5) Any other disclosure document which has 
been pre-approved by the Secretary of 
State. 

(b) A check in the amount of two hundred 
dollars ($200.00), payable to "Secretary of 
State", shall be transmitted with the application 
for registration, along with a completed Form 
NC/Vj'\4 (".'\thlete ."Xgent Consent to Service of 
Process"). Registration becomes effective on the 
date of issuance of a certificate of registration to 
the applicant. 



Statutory Authority G.S. 
7SC-8I. 



78C-46(bj; 7SC-72; 



.1902 EXPIR.VTION OF REGISTRATION 

Registration as an athlete agent is for a period 
of one year and shall automatically expire one 
year from the date of issuance of the original 
certificate of registration, unless renewed by the 
applicant. 

Statutory Authority G.S. 7SC-72: 7SC-S1. 

.1903 RENEWAL OF REGISTRATION 

(a) A completed application for renewal of 
registration as an athlete agent must be recei\ed 
by the Office of the Secretary of State at least 30 
days but not more than 60 days prior to the ex- 
piration of a currently effective registration. 

(b) Each applicant for renewal of registration 
as an athlete agent shall complete and submit a 
Form NCAAl ("North Carolina Athlete Agent 
Registration ;\pplication") along with a filing fee 
of two hundred dollars ($200.0(1) in the fonn of 
a check made payable to "Secretary of State". 
It is not necessary' to fJe Form NCAA4 
("Athlete Agent Consent to Service of Process") 
with an application for renewal of registration as 
an athlete aacnt. 



Statutoiy Authority 
78C-81. 



G.S. 7SC-46: 7SC-72; 



.1904 APPRO\ AL OF AGENT CON FRACTS 

(a) All contract forms proposed to be used by 
an athlete agent must be pre-approved in writing 
by the Secrctar\' of State prior to their use in 
North Carolina. 

(b) Any amendments to approved contracts 
must also be filed and appro\'ed in wnting by the 
Sccretan.' of State prior to their use. 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1030 



PROPOSED RULES 



Statutory Authority G.S. 7SC-75; 78C-81. 

.1905 NOTICE TO CLIENT 

The "Notice to Client" required by G.S. 
78C-75(b) shall appear on the front page of each 
contract given directly or indirectly to an athlete 
by an athlete agent relating to services as an 
athlete agent. 

Statutory Authority G.S. 78C-75; 78C-8I. 

.1906 FORMS 

The following forms are available upon request 
from the Office of the Secretary of State: 

(1) North Carolina Athlete Agent Registration 
Application (I'orm NC.-VyM); 

(2) Athlete Asient Suret\' Bond (Form 
NCA.'\2); 

(3) North Carolina Disclosure Form 
(NCAA3); and 

(4) Athlete Agent Consent to Service of Proc- 
ess (Form NC.AA4). 

Statutory Authority G.S. 7SC-46: 78C-72; 
78C-SI. 



TITLE 21 



OCCl PATTONAL LICENSING 
BOARDS 



No 



otice /.f hereby gi\'en in accordance with G.S. 
1 508- 1 2 that the Sorth Carohna Board of Phar- 
macv intends to adopt rule cited as 21 NCAC 46 
.2108. 



Th 



he proposed effective date of this action is 
.March I. 1091. 

1 he public hearing will be conducted at 9:00 
a.m. on December //. 1990 at 602-11 Jones Fcny 
Road. Catrboro. \orth Carolina. 



c 



omment Procedw-es: Persons wishing to pres- 
ent oral data, views or arguments on a proposed 
rule or rule change may file a notice with the 
Board at least ten days prior to the public hearing 
at which the person wishes to speak. Comments 
should be limited to ten minutes. The Board's 
address is: P.O. Bo.x 459, Catrboro. Sorth 
Carolina 275/0. .itiy person may file a written 
submission of comments or argument at any time 
up to and including December H , 1990. 

Cll AI'IEK 46 - BOARD OF I'll \R\1ACV 

SECTION .2100 - KI.ECTIONS 

.2108 DtrLRMINAIION OK ELECTION 



RES LETS 

The determination of election results shall be in 
accordance with G.S. 163-111, which is adopted 
herein by reference. This adoption is in accord- 
ance with the provisions of G.S. i SOB- 14(c). 

Statutory Authority G.S. 90-85.7; I50B-I4. 

TITLE 23 - DEPARTMENT OF 
COM.MLAITY COLLEGES 



ly otice is hereby given in accordance with G.S. 
I50B-I2 that the State Board of Community 
Colleges: Department of Community Colleges in- 
tends to amend tide cited as 23 \CAC 2D .0109. 



Th 



he proposed effective date of this action is April 
I. 1991. 



Th 



he public hearing will be conducted at 10:00 
a.m. on December 18, 1990 at the Caswell Build- 
ing, 201-.4 Conference Room, Second Floor, 200 
West Jones Street. Raleigh, North Carolina 
27603-1337. 



Co 



omment Procedures: A ten-minute time limit 
per person may be imposed for oral presentations. 
The number of persons making oral presentations 
may be limited in order to stay within the time 
inailable. Indt\iduals who plan to make oral 
presentations must submit their remarks in writing 
to the hearing officer. This procedure will assist 
the hearing officer in organizing and reporting in- 
formation to the SBCC. Written statements not 
to be presented at the hearing should be directed 
to Mr. Larry Morgan. Hearing Officer. Depart- 
ment of Community Colleges. 200 West Jones 
Street.' Raleigh. \.C. 27603-1337 by December 
17, 1990. 

CHAPTER 2 - COMMl NITV COLLEGES 

SLBCMAPIER 20 - C 0\1MI Nl lA (Ol LEGES: 
FISCAL AFFAIRS 

SECTION .0100 -S.\L.\RIES 

.0109 lONCiEM l\ I'A^ l'L.\N FOR 
INSrHLIION PERSONNEL 

(a) PenncuK ' nl. full tiiiiL ' F'mplo\ees of insti- 
tutions in the communits college system assjizned 
to pcimancnl full-time or permanent pail-time 
positions shall recene longe\it> pa_\ if the eni- 
plo\ees meet the requirements of aggrL ' gutL ' total 
qualifying service set forth in this Rule. 

(b) AggiL ' gatL ' Total sen.'ice k* t4+e Stat e e4 
North CaroliiKi for the longe\it\' pa\ plan is 
based on a month-tor-month computation of 



lOM 



5:16 iSORTH CAROLINA REGISTER November 15, 1990 



PROPOSED RULES 



permanent full-time and permanent part-time 
(oquatod te full timo) (20 hours or more, but less 
than full-time) employment with: 

(1) an institution in the North Carolina com- 
munity college system or a school admin- 
istrative unit regardless of the source of 
salary and including- state, local or other 
paid employment. 

(A) Employment for a ft41- school year is 
equivalent to one full calendar year (credit 
for a partial year is given on a month-for- 
month basis). 

(B) In no event wiU an employee earn more 
than a year of aggrogutt ' total service credit 
in a 12-month period. 

(C) If an employee works batf tfe# ' ■ vork 
day: , m » month, is in pa\ status (working, 
exhausting vacation or sick leave, or when 
on workers' compensation lca\c or is on 
authorized military' lca\'e) for one-half or 
more of the regularly scheduled workdays 
in a month, credit vrttt shall be given for 
a foW the entire month. 

(3) a i ' choul udminiL ' tnilivL ' wftrt tft North 
Carolina, including ' - ■ tutc ' . local. t*f othor 
pai4 e mplovm e nl. 

(A) Hmploymcnt fof a MX '. chool ¥<eaf i* 
oqui' i alent te- »»e ft4i calendar VL ' ar (cr e dit 
fof a partial VL ' ar » giv en (->» a month for 
month ba j. is). 

I \l \ I »-i t\ j~i f 11 ■,->«-» * 1 1 ■« 1 1 -I n ,-~irt-^ »t 1 .-1 I -.-i.-y ,1.1 r-n »-*-> --■ «■'-» 

\ I .^ J 1 1 I ITTT C^rTTTTT T I 111 CTTT t 1 1 1 t'TT. ' T VT^ CtTTTT f TTT 'I T^ 

12 month period 
fGi tf a» e mploy ee ' . ' . (^rkf . batf t4** work 
davf i ift a month, credit w+H- bt* gisen fof a 
foU month. 

(4) (2) departments, agencies, and institutions 

of the State of North Carolina, (e.g., State 
Department of Administration, State Re- 
\cnue Department, University of North 
Carolina, State Department of Commu- 
nity Colleges, State Department of Public 
Instruction). 

(4^ (3} other governmental umts which are 
now agencies of the State of North 
Caroluia (e.g., county highway mainte- 
nance forces, War Manpower Commis- 
sion, judicial system). 

(4-)- Hi| county agricultural extension service. 

(4^ (_5| local mental health, public health, social 
ser\'iccs or civil preparedness agencies in 
North Carolina, if such employment is 
subject to the State Personnel Act. 

f?} (6| authorized military lea\'e. 

(A) Credit for military leave is granted only 
for persons who were employees of the 
State of North Carolina or other agencies 



listed in Paragraph (b) of this Rule who 
were granted leave without pay: 
(i) for a period of involuntary service plus 
90 days ©f fof a period ef ' ■ oluntar/ 
onli f i tment fof Bf> te- fe+w years. pk» 9^ 
days, se long a* t+^ey returned te- em- 
ployment i«- a covered agency within 
the W days ; or 
(ii) for a period of active duty for service, 
alerts, or required annual training while 
in the Nation;il Guard or in a military 
reserve program. 

(B) Employees who enlist for more than 
four years or who re-enlist shall not be 
eligible for military leave. 

(C) Employees hospitalized for a service- 
connected disability or injury shall be 
granted additional leave without pay for 
the period of hospitalization plus 90 days 
or for 12 months, whichever is shorter. 
The hospitalization must commence be- 
fore reinstatement into qualifying service 
for the provisions of this part to apply. 

(c) Aggregate 1 otal service te- t4+e State e+" North 
Carolina for the longc\'ity pay plan does not in- 
clude: 

(1) Temporary service, that is, service by an 
employee who works in a temporary po- 
sition, or who is working temporarily in 
the absence of a permanent employee on 
leave of absence, except that tcmporars" 
scrs'ice of employees of the General .As- 
sembly will be counted and the full legis- 
lative tenns of the members. Service of 
legislative interns and pages will not be 
counted. 

(2) Periods of out-of-state employment with 
other states, schools, colleges or universi- 
ties. 

(3) Periods of employment with agencies of 
the federal go\'emmcnt. 

(4) Periods of military service other than those 
categories described in Subparagraph (b) 
R £6} of this Rule. 

(5) Periods of employment for employeeo 
emplo\ers other than the State of North 
Carolina even though credit in the North 
Carolina retirement system has been pur- 
chased for such employment. 

(d) A pennanent full lime An employee as- 
signed to a permanent full-time or permanent 
part-time position is eligible for longevity pay 
only after the date the employee has completed 
ten years of aggregate total scn.ice to tl+e Stat e 
»f North Carolina, with a ctimmunit\" college, a 
school administratixe unit or a state agency. 

(c) Annual longesity pa\ amounts are based 
on the length of' aggreuate total ser\ice to U*e 



5:16 NORTH CAROLINA REGISTER November 15. 1990 



1032 



PROPOSED RULES 



„on2evitv 


Pay Rate 


1.50% 


2.25° 


3.25% 


4.50°'o 



Stat e &f North Carolina, state agencies, commu- 
nitv colleges. afl4 lochnical institut e s and public 
schoolc school administrative units as designated 
in Paragraph (b) of this Rule and a percentage 
of the employee s annual rate of pay on the date 
of ehgihility. 

( 1 ) Longevity pay amounts are computed by 
multiph'ing the employee's annual base 
or contract salan' rate as of the ehgihility 
date by the appropriate percentage, 
rounded to the nearest dollar, in accord- 
ance with the following table: 

\"ears of 

Total 

State 

Sen.ice 

10 but less than 15 years 
1 5 but less than 20 years 
20 but less than 25 years 
25 or more years 

(2) I ongevity pay is not considered a part of 
annual base or contract pay nor is it to 
be represented in personnel and payroll 
records as a part of annual base salars'. 
(Salarv' increases etTecti\"e on the same 
date as the longe\-ity ehgihility date shall 
be incorporated in the base pay before 
computing longevity). 

(f) The payment of longevity pay to eligible 
employees is automatic. Payment shall be made 
in a lump sum. subject to all statutor\' de- 
ductions, during the monthly pay period m 
which the emplo\'ee has satisfied aU ehgibihty re- 
quirements. 

(1) Fligible employees on worker's compen- 
sation leave shall receive longevity pay- 
ment in the same manner as il' they were 
working. 
(2j If an employee retires, resigns, dies, or is 
otherwise separated on or after the date 
of becoming ehgible for a longe\"ity pay- 
ment, the full payment shall be made to 
the employee or to the estate of the em- 
ployee in case of death. 

(3) If. on the effective date of this pohcy. an 
employee has completed the qualifying 
length of service but is between ehgihility 
dates. longe\it\' payment will be made on 
the next longevity anni\'ersar\' date. 

(4) If the employee has worked part but not 
all of one year since qualifying for lon- 
gevity payment, the employee shall receive 
a pro-rata payment in the event of: 

(A) separation from the mstitution; 



(B) change in emplo\ment status to tem- 
porary part-time, or to a position not 
covered in this pohcy. 

(5) If an employee separates from aft in&titu 
Ueft a communitv college and recei\es a 
partial longe\ity payment and is employed 
by another institution, communitv col- 
lege, school administrati\'e umt, or state 
agency, the balance of the longevity pay- 
ment shall be made upon completion of 
additional service totaling 12 months for 
an employee having a 12-month period 
of employment, or upon completion of a 
lesser term for a toachor an eligible em- 
plovee on less than a 12-month contract. 
penod of emplo\ment. The balance due 
is computed on the annual salars' or con- 
tract being paid at the completion of the 
requirement. 

(6) If an ehgible employee at the time of sep- 
aration has a fraction of a year toward the 
next higher percentage rate, payment shall 
be based on the higher rate; howe\'er. the 
basic ehgibihty for longevity requirement 
must have been satisfied before this pro- 
\ision can apply. 

(7) Leave without pay m excess of one-half 
the work days in a month (with the ex- 
ception of authorized mihtarv' leave and 
worker's compensation leave) will delay 
the longevity anniversarv" date on a 
month-for-month basis. 

(g) Longe\"ity pay shall be made from the same 
source of funds and in the same pro-rata 
amounts from which the employee's regular an- 
nual salan' is paid (e.g. state, federal, local funds). 

(1) Local trustees may pro\'ide longe\'ity pay- 
ments to employees from other than state 
allotted funds. 

(2) Onlv personnel emploved in positions al- 
lotted by the formula in Rule 2D .0301(d) 
of this Subchapter shall receive longevity 
pa\- from the longex'ity reserve. .An addi- 
tional allocation will be made for this 
purpose. 

(3) Employees in state-allotted positions paid 
with state-allotted funds other than regu- 
lar formula allotments shall recei\'e lon- 
gevity pay from the same source of funds 
as their salar\" payment. 

(4) Employees paid with the following speci- 
fied funds shall receive longe\ ity pay from 
these respecti\e sources: 

(.\) .\dult basic education funds, 

(B) Human resource development funds, 

(C) New industry' funds, 

(D) CET.\ JTP.a" funds. 

(I:) Special aUotment funds, aft4 



lOii 



5:16 yORTH CAROLLXA REGISTER November 15, 1990 



PROPOSED RULES 



(F) Federal %'ocational educational funds, 
and 

(G) Local funds. 

(h) The president of each inL . titution commu- 
nity college shaU: 

( 1 ) Determine the quality quantity of qualify- 
ing service and the longevity armiversary 
date for each eligible employee. 

(2) Furnish to the state board, on forms pre- 
scribed by the Department, data necessary 
for a determination of the cost of the lon- 
gevity pay plan from state funds. 



(i) The Stato President of the Community 
College System shall determine the total cost of 
the longevity pay plan from data submitted by 
each Lnotitution. community college. If funds 
are not adequate to pay longevity rates estab- 
lished under this Rule, the Stato President of the 
Community College System shall submit a 
budget revision to the State Budget Officer re- 
questing additional funds from other available 
sources within State Aid. 



Statutory Authority G.S. 
1137, s. 21. 



II5D-5; S.L. 1979. c. 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1034 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effecti\-e in the month indicated. 

l\ules filed for publication in the SCAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

/l dopted rules filed by the Departments of Coirection. Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. 1 508. .Irticle 2 requiring 
publication in the \ .C. Register of proposed rules. 

LJ pon request from the adopting agency, the text of ndes will be published in this section. 

lunctuation. txpographical and technical changes to ndes are incorporated into the List of Rules 
Codified and are noted as * Correction. These chan-;ies do not change the effective date of the rule. 



TITLi: 5 
DKPARTMENT OF CORRKC 1 ION 

CHAPII R 2 - DIMSION OF FRLSONS 

SUBCHAPTER ZB - INMATF CONDI CT RIFFS: DISCIPFPsE 

SFCTION .0200 - DISC IPFINARV PROCFDIRFS 



.0205 Al IHORIZFD DISCIPLINARY PROCFDLRFS 

la) For niinor offences ansmg out of a single iJicidcnt, one or more of the follow ing are authoriy.ed: 

(1) reprimand: 

(2) suspension of one or more pn\ileges for a period not to exeeed 30 days. No pri\ilege5 may be 
suspended which the facility superintendent cannot on his or her own authority grant, such as 
work release. Privileges which may he suspended include, but are not limited to, access to the 
movies, telephone, yard privileges, and recreational acti\"ities. Visitation prixilegcs may be sus- 
pended when a disciplinary offense occurred during visitation; 

(3) extra duties: The total hours of extra duty shall not exceed 40 and no more than four heurs shall 
be performed on any working day and no more than eight hours on other days. The total period 
o\'er which the e.xtra duty extends should not exceed 30 days. 

lb) For major offenses arising out of a single incident one or more of the measures authorized for 
minor offenses ma_\' also be imposed and in addition or in lieu Thereof one or more of the following: 
1 1 ) confinement in discipUnar)' segregation for a period of 1 to 30 da\ s. If the discipUnary committee 
imposes a ma.ximum and minimum term of confmement. the Superintendent Institution Head 
will have the discretion to release the inmate at any time u ithin and including the minimum and 
maximum term. Fhe inmate wiU recei\e day-for-da\' credit for time spent on admini>trati\e 
segregation pending a disciplman' heanng towards his total penod of confinement m dl^ciplinar^ 
segregation: 

(2) loss of up to 30 da\s time earned b\ pre\ious good conduct; 

(3) loss of an> or all minimum custod\ pn\ileges (work release, stud\ release, home leave, com- 
munity \'oluntcer leave, and aU authorized outside acti\ities) or loss of minimum custody status; 
Only the area disciplinary committee may make punitive le\el adjustments. The appropriate 
re\'iew date of level adjustment ma\' be determined by the area classification committee accord- 
ing to the inmate s behavior foOowing the infraction. If the inmate is to be demoted out of 
minimum custody, he will be referred to an area classification committee for reassignment in 
accordance with departmental procedures. 



10i5 5:16 yORTH CAROLLXA REGISTER Sovcmbcv 15. 1990 



FINAL RULES 



(c) For each unrelated ofTcnse charged on the same hearing day, additional punishment may be im- 
posed in accordance with these Rules. 

(d) Inmates who commit infractions on segregation may be confmed in disciplinary segregation for 
additional periods of 1 to 30 days. 

History Note: Statutory Authority G.S. 148-1 1; 
Eff. February J, 1976; 
Amended Eff. December I, 1990; July 1, 1984; June I, 1984; February 5, 1979. 

SUBCHAPTER 2E - TREATMENT 

SECTION .0700 - \\ ORK RELEASE 



.0707 OTHER REQl IRE.MENTS/CONDITIONS 

(a) If an inmate is to be transferred for the purpose of work release a DC-121R outlining classification 
actions and objectives should accompany the inmate's record to the receiving unit. 

(b) The inmate should be in the appropriate minimum custody level for work release at the time of 
transfer. This will prevent unnecessary delays. 

(c) The issue of restitution must have been considered and resolved by the reviewing authority with 
the completion of the appropriate forms if the inmate has been court recommended or court ordered 
for restitution. 

(d) Appropriate disciplinary action for major infractions committed while on the work release pro- 
gram shall be at the discretion of the Area Disciplinary Committee. 

(e) Mutual agreement programming (individual contracts) should be considered, especiaUy with 
felons, by the classification/program committee whenever possible. These arrangements should include 
programs such as G.E.D./A.B.E., alcohol, drug treatment. 

(f) For inmates who are approved by the Parole Commission for work release, the Commission will 
require: 

(1) The submission of an acceptable job plan on a DC- 190 by the Di\ision of Prisons for initial job 
approval. 

(2) The submission of any subsequent job changes to the Parole Cominission are to be made by 
telephone. The Parole Commission may render their decision by telephone, with written 
follow-up on form PC-28. 

(3) Parole Commission approval for work release shall automatically be withdrawn anytime an in- 
mate is removed from work release because of an infraction resulting in demotion to medium 
custody. 

History Note: Statutory Authority G.S. 1 48-1 1 ; 
Eff February I, 1976; 
Amended Eff December I, 1990; December I. 1986; July /, 1985. 

THLE 17 
DEPAR IMENT OF RE\ ENLE 

CHAPTER 6 
rSDIMDL AL rSCOME TAX DIMSION 

SUBCHAPTER 6B - INDIMDl AE INCOME TAX 

SECTION .3500 - PAR I^sFRSHIPS 



.3513 NONRESIDENT PAR lAERS 

(a) When an established business in North Carolina is owned by a partnership ha\ing one or more 
nonresident members, the managing partner is responsible for reporting the distribution share of the 
income of each nonresident partner and is required to compute and pay the tax due for each nonresi- 
dent partner. The tax rate is six percent of the nonresident partner's share of income up to twelve 
thousand seven hundred fifty dollars ($12,750), plus seven percent of the income over twelve thousand 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1036 



FINAL RULES 



seven hundred fifty dollars ($12,750). Ihc manager is authorized by statute to withhold the tax due 
from each nonresident partner's share of the partnership net income. Payment of the tax on behalf of 
nonresident corporate partners does not relieve the corporation from filing corporate income tax and 
franchise tax returns; however, credit for the tax paid by the managing partner may be claimed on the 
corporate returns. /Vlthough a partnership may treat guaranteed payments to a partner for services or 
for use of capital as if they were paid to a person who is not a partner, such treatment is only for pur- 
poses of determining its gross income and deductible business expenses. For other tax purposes, such 
guaranteed payments are treated as a partner's distributive share of ordinary income. In determining 
the allowable North Carolina deductions from Federal taxable income, do not include a partner's sal- 
ary, interest on a partner's capital account, partner relocation and mortgage interest differential pay- 
ments, or payments to a retired partner regardless of whether they were determined without regard to 
current profits. These types of payments are treated as part of the partner's share of the partnership 
income. A nonresident partner is not required to fde a North CaroUna individual income tax return 
when the only income from North Carolina sources is the nonresident's share of income from a part- 
nership doing business in North Carolina and the manager of the partnership has reported the income 
of the nonresident partners and paid the tax due. A nonresident partner may file an individual income 
tax return and claim credit for the tax paid by the manager of the partnership if the payment is properly 
identified on the individual income tax return. 

(b) If a partnership has one or more nonresident partners and is operating in one or more states other 
than North Carolina, the partnership's net income attributable to North Carolina for the purpose of 
determining the North Carolina income tax liability of a nonresident partner must be determined by 
multiplymg the total net income of the partnership by the apportionment percentage computed in 
Schedule B, Form D-403. This means that in the allocation of net income of a nonresident partner to 
North CaroUna the applicable allocation formula prescribed for corporations is used. This aOocation 
of income does not affect the reporting of partnership income by the resident partner because he is 
taxable on his share of the net income of the partnership whether or not any portion of it is attributable 
to another state or country. 

Histoiy Sole: Staiutoty Auihoritv G.S. I05-I34.5( d): I05-I42(cl: 105-154: 105-262; 
Eff. Febnian' I. 1976: 
Amended Eff. December I. I9Q0: June I. 1990; April 12, 19SI. 

SECTION .4100 - TAXABI K STATl S OF DISTRIBITIONS FROM REGl FATED 

INA ESTMENT COMP.ANIES 



.4103 ORDINARY DIMDENDS 

(a) Interest recei\ed in the fonn of di\idends from regulated investment companies (mutual funds, 
investment funds, etc.) is deductible from an individual's federal taxable income to the extent the dis- 
tnbutions represent interest on direct obligations of the L'nited States Government. The fund must 
furnish the taxpayer a statement verifying the amount of interest paid to him which accrued from direct 
obligations of the L'nited States Government. Interest earned on obligations that are merely backed 
or guaranteed by the L'nited States Go\'emment will not qualify for the deduction. Further, this de- 
duction does not apply to distnbutions which represent gain from the sale or other disposition of the 
securities nor to interest paid in connection with repurchase agreements issued by banks and savings 
and loan associations. 

(b) The taxpayer may not deduct mutual fund dividends on the basis of a percentage of investments 
held by the fund (i.e., a fund has 75 percent of its in\'estmcnts in L nited States Treasury Notes). The 
statement to support the deduction must specify the amount received by the taxpayer which represents 
interests on direct obligations of the United States Go\emment. 

(c) The procedure in this Rule wiU also apply with respect to interest on obligations of the State of 
North Carolina and any of its pohtical subdivisions to the extent included in federal taxable income. 

(d) This Rule applies to taxable years beginning on or after January 1, 1980. 



Histon^ Xote: Statutor\- Auihoritv G.S. 105-130.7; 105-151.19; 105-261 
Eff June I, 1990; ' 
Amended Eff December I. 1990. 

.4105 DIMDEND FAX CREDIF 



1037 5:16 NORTH CAROLINA REGISTER November 15, 1990 



FINAL RULES 



(a) Because the interest on federal obligations is treated as flowing through to a shareholder of a 
mutual fund, the distribution of the interest to shareholders would not be a dividend for purposes of 
the six percent dividend tax credit. 

(b) This Rule appUes to taxable years beginning on or after January 1, 1989. 

History Note: Statutory Authority G.S. 105-151.19; 105-262; 
Eff. June I, 1990; 
Amended Eff. December I, 1990. 

SUBCHAPTER 6C - WITHHOLDING 

SECTION .0100 - GENERAL PROV ISIONS 



.0110 COMMON CARRIERS 

(a) The Amtrak Reauthorization and Improvement Act of 1990 provides that no part of the com- 
pensation paid to an employee of an interstate railroad subject to the jurisdiction of the Interstate 
Commerce Commission (ICC) may be subject to income tax, or income tax withholding, in any state 
except the state of the employee's residence when such employee performs regular assigned duties in 
more than one state. The Act also precludes the taxation of compensation paid by an interstate motor 
carrier subject to the jurisdiction of the ICC or to an employee of a private motor carrier performing 
services in two or more states except by the state of the employee's residence. Therefore, the com- 
pensation received by such nonresident employees on and after July 6, 1990, for services performed by 
this state will not be subject to North Carolina income tax or income tax withholding. 

(b) Under the Federal Aviation Act (49 USCS-1512), a nonresident airline employee rendering ser- 
vices on an aircraft would not be hable for North Carolina income tax unless his scheduled flight time 
in North Carohna is more than 50 percent of his total scheduled flight time during the calendar year. 
If the employee's flight logs show that more than 50 percent of the scheduled flight time is in North 
Carolina, the amount of income reportable to this state would be based on the percentage that his 
North Carolina flight time is to his total flight time for the year. 

Histoiy Note: Authority G.S. 105-163.2; 105- 1 63. IS; 105-262; 49 U.S.C. Sec. 26; 
49 U.S.C. Sec. 301 A; 49 U.S.C. Sec. 923; 49 U.S.C. Sec. 1512; 
Eff February I, 1976; 
Amended Eff December I, 1990; November I, I98S. 

TITLE 19A 
DEPARTMENT OE STATE IRANSPOR LATION 

CHAPTER 2 - DEVISION OF HIGmVAYS 

SUBCHAPTER 2D - HIGHWAY OPERATIONS 

SECTION .0600 - TECHNICAL SERVICES 



.0637 SPECIAL PERMIT LIMIFATIONS 

Off-highway construction equipment will be issued special pennits in accordance with size and weight 
Umitations outlined in Rules .0607 through .061 1 of this Subchapter with exception of the following: 

(1) self-propelled scrapers with large low pressure tires, maximum of 37,000 lbs. per axle, maximum 
gross of 55,000 lbs. for 2 axles, 70,000 lbs. for 3 axles and 90,000 lbs. for 4 axles (Dolly and extra 
axles are used with 2 axle vehicle to increase number.); 

(2) self-propelled truck cranes with counterweights and boom removed (il practical): 

3 axles -- not to exceed: 

25,000 lbs. per axle or gross weight of 70,000 lbs. 

4 axles - not to exceed: 

25,000 lbs. per axle or gross weight of 78,000 lbs. 

5 axles — wheel base less than 244 inches — not to exceed: 

rear 3 axles 56,500 lbs. 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1038 



FINAL RULES 



front 2 axles 35,000 lbs. 

gross 91,500 lbs. 

5 axles -- wheel base more than 244 inches -- not to exceed: 

rear 3 axles 57,000 lbs. 

front 2 axles 37,500 lbs. 

gross 94,500 lbs. 

6 axles -- wheel base more than 296 inches -- not to exceed: 

2 axle tandem 50,000 lbs. 

3 axle group 57,000 lbs. 
gross 103,000 lbs. 

7 axles -- e.xtreme wheel base of 44 feet or more -- not to exceed: 

2 axle tandem 40,000 lbs. 

3 axle group 57,000 lbs. 

4 axle group 71,000 lbs. 
gross 122,000 lbs. 

(3) Mobile cranes of three or four axles may be issued annual permits for travel on primary' and un- 
posted secondary roads. The permit does not imply permission to use any posted bridge or sec- 
ondary- road posted for 13,000 lb. maximum axle weight. Width limits in Subchapter 2D .0607 
apply to these permits. 

History Sole: Stalutory Authority G.S. 20-1 19: 136-18(5); 
Eff. July I, I97S: 
Amended Eff. December I. 1990; November J, 1978. 

SLBCHAPTI R 2E - .MISCELL.ANEOLS OPERATIONS 

SECTION .0200 - OL IDOOR AD\ ERTISING 



.0201 DEEINITIONS FOR Ol IDOOR ADVERTISING CONTROL 

(a) Commercial or Industrial Activities for Lnzoned Areas. Those activities generally recognized as 
commercial or industrial by zoning authorities in the state, and, in addition, any commercial or indus- 
trial actisity shall meet all of the following criteria to qualify an area unzoned commercial or industri;d 
for the purpose of outdoor advertising control: 

(1) The acti\ity shall have all pnvilege license(s) required by local, state, or federal authorities as 
required by law for that type activity; 

(2) The property used for the activity shall be listed for ad valorem taxes with the county and or 
municipal taxing authorities as required by law; 

(3) The acti\ity shall be ser\ed by available utilities (power, telephone, water, and sewer); 

(4) The activity shall have vehicular access (direct/indirect) and the acti\ity shall be a generator of 
vehicular traffic; 

(5) The acti\'ity shall have a permanent building, designed, built, and or modified for its current 
commercial or industrial use; 

(6) There shall be commercial or industrial activity at the location six months before the area 
qualifies for sign(s); 

(7) limployee(s) shaU be on site during normal working hours vshich arc considered usual, nonnal, 
and/or customary for that type activity; and 

(8) There shall be a frequency of operations which is considered usual, nonnal, and or customarv' 
for that type commercial/industrial operation; 

(9) For the purpose of controlling outdoor advertising, none of the following acti\ities shall be 
commercial or industrial: 

(A) Outdoor advertising structures; 

(B) Agricultural, forestry, ranching, grazuig, fanning, and related activities, including, but not 
limited to temporary wayside fresh product stands; 

(C) Transient or temporary activities; 

(D) Activities not visible from the main traveled way; 

(E) Activities more than 660 feet from the nearest edge of the riglit of way; 

(F) Activities conducted in a building principally used as a residence; 

(G) Railroad tracks and minor sidings; 



1039 5:16 NORTH CAROLINA REGISTER November 15, 1990 



FINAL RULES 



(H) Any outdoor advertising activity or any other business or commercial activity carried on in 
connection with an outdoor advertising activity. 
(10) Any sign erected using the criteria stipulated in Paragraph (a) of this Rule shall be removed at 
the owner's expense if any provision of Paragraph (a) of this Rule is violated or is no longer in 
existence within 24 months of the date of issuance of the permit. 

(b) Zoned Commercial or Industrial Areas. Those areas which are zoned for business, industry, 
commerce, or trade pursuant to a state or local zoning ordinance or regulation. 

(c) Unzoned Commercial or Industrial Areas: 

(1) Those areas which are not zoned by state or local law, regulation, or ordinance, and which are 
within 660 feet of the nearest edge of the right-of-way of the interstate or federal-aid primary 
system in which there are located one or more permanent structures devoted to a commercial 
or industrial activity or on which a commercial or industrial activity is actually conducted, and 
the area along the highway extending outward 800 feet from and beyond the edge of such ac- 
tivity. Each side of the interstate and or federal-aid primary route shall be considered separately. 

(2) All measurements shall begin from the outer edges of the regularly used buildings, parking lots, 
storage or processing areas of the commercial or industrial activities, not from the property line 
of the activities, and shall be along the edge of pavement of the highway. 

(d) Traveled Way. The traveled way of a highway on which through traffic is carried. In the case 
of a di\ided highway, the traveled way of each of the separated roadways for traffic in opposite di- 
rections is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, 
or parking areas. 

(e) Main-traveled Way. The traveled way of a highway on which through traffic is carried. In the 
case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite 
directions is a main-traveled way. It does not include such facilities as frontage roads, turning 
roadways, or parking areas. 

(f) Sign. A sign is an) outdoor sign, display, Light, device, figure, painting, drawing, message, placard, 
poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part 
of the advertising or information contents of which is visible from any part of the main-traveled way 
of the interstate or federal-aid primary' highway system. 

(g) Maintain. To allow to exist. 

(h) Scenic Area. A scenic area is any area of particular scenic beauty or historical significance as 
determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in 
land which have been acquired for the restoration, preservation and enhancement of scenic beauty. 

(i) Parkland. Any publicly owned land which is designated or used as a public park, recreation cirea, 
wildlife or waterfowl refuge or historic site is a parkland. 

(j) Freeway. A freeway is a divided arterial highway for through traffic with full control -of access. 

(k) Directional and Other Official Signs and Notices. Directional and other official signs and notices 
includes only official signs and notices, public utUity signs, service club and reUgious notices, pubUc 
service signs, and directional signs. 

(1) Official Signs and Notices. Official signs and notices erected and maintained by public officers 
or pubhc agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with 
direction or authorization contained in federal, state, or local law for the purpose of carrying out an 
official duty or responsibility. Historical markers authorized by state law and erected by state or local 
government agencies or nonprofit historical societies may be considered official signs. 

(m) Public Utility Signs. Warning signs, informational signs, notices, or markers which are cus- 
tomarily erected and maintained by pubhcly or privately owned public utilities, as essential to their 
operations are public utility signs. 

(n) Service Club and Rehgious Notices. Signs and notices, whose erection is authorized b)' law, re- 
lating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs 
do not exceed eight square feet in area are service club and religious notices. 

(o) Public Service Signs. Public service signs are signs located on school bus stop shelters, which 
signs comply with the follow ing: 

(1) identify the donor, sponsor or contributor of said shelters; 

(2) contain safety slogans or messages, which shall occupy not less than 60 percent of the area of 
the sign; 

(3) contain no other message; 

(4) are located on school bus shelters which are authorized or approved by city, county, or state law, 
regulation, or ordinance, and at places approved by the city, county, or state agency controlling 
the highway involved; and 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1040 



FINAL RULES 



(5) may not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any 
one direction. 

(p) Directional Signs. Signs containing directional information about public places owned or oper- 
ated by federal, state, or local governments or their agencies; publicly or privately owned natural phe- 
nomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty 
or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public are di- 
rectional signs. 

(q) Controlled Access Highway. Highway on which access is permitted only at designated access 
points. 

(r) On-premise Sign. A sign which advertises the sale or lease of property upon which it is located 
or a sign which advertises activities conducted on the property upon which it is located. 

(s) Lease. .An agreement, in writing, by which possession or use of land or interests therein is given 
by the owner to another person for a specified period of time. 

(t) Blank Sign. A sign with no message. 

(u) Abandoned Sign. A sign in which the sign owner no longer has an interest. Absence of a valid 
lease is one indication of an abandoned sign. 

(\-) Destroyed Sign. A sign no longer in existence due to factors other than vandalism or other 
criminal or tortious acts. An example of a destroyed sign would be a sign which has been completely 
blown down by the wind. 

(w) Sign Conforming by \'irtue of the "Grandfather Clause". A sign legally erected prior to the ef- 
fective date of the Outdoor Advertising Control Act in a zoned or unzoned commercial or industrial 
area which does not meet the standards for size, spacing and lighting passed at a later date. 

(x) Conforming Sign. A sign legally erected in a zoned or unzoned commercial or industrial area 
which meets all current standards for size, spacing and hghting. 

(y) Dilapidated Sign. An existing sign shall be considered dilapidated when it is in disrepair, shabby 
or neglected, when it fails to be in the same form as originally constructed, or when it fails to perform 
its intended function of conveying a message. Conditions of dilapidation shall include, but not be 
limited to, structural support failure, signs not held as originally constructed, panels or borders missing 
or fallLng off, intended messages cannot be interpreted by the motoring public, or signs which are 
overgrown by vegetation. 

(z) Visible commercial or industrial activity. An activity that is capable of being seen from the 
main-traveled way \\ ithout \ isual aid by a person of normal visual acuity and which is recognizable 
year-round as a commercial or industrial activity. 

(aa) Sign location. A sign location, for permitting purposes, shall be measured at the closest 1 100th 
of a mile, in conformance with Department of I'ransportation methods of measurement for all state 
roads. 

History Xote: Statutory Authority G.S. 136-130; 
Eff. Jidv I. I9^S; 
Amended Eff. December I. 1990: January I. 1984: September 4. 1981: June 15. 1981. 

.0202 AGREEMENT 

(a) 1 he Department of Transportation has entered into an agreement with the United States De- 
partment of Transportation relating to the control of outdoor advertising in areas adjacent to the 
interstate and federal-aid primarx' highway systems. 

(b) The purpose of tliis agreement is to ensure that North Carolina is in compliance with the pro- 
\isions of Section 131(b) of Title 23, United States Code. To the extent that federal rules regarding 
outdoor advertising control in 23 CFR Part 750 Subpart B and Subpart G - Outdoor Advertising 
Control - are more restrictive than North Carolina Department of Transportation rules, those federal 
rules are expressly incorporated by reference as part of this Section. 

(c) Failure to comply with Section 131(b) of litle 23. United States Code would result in a reduction 
by amounts equal to 10 percent of the amounts which would otherwise be apportioned to North 
Carolina under Section 104 of Title 23, United States Code. 

(d) This agreement pro\ides guidelines for the Department of Transportation to use in issuing orders 
to effecti\ely control outdoor ad\'ertismg. and applies to zoning, size, spacing and lighting of signs. 

(e) A copy of this agreement is on permanent fde in the OtTice of the State Highway Administrator. 



History Xote: Statuton Authority G.S. 136-138: l43B-350if): 
EffJidyl, I97S: ' 



1041 5:16 i\ORTH CAROLLXA REGISTER November 15, 1990 



FINAL RULES 



Amended Eff. December I, 1990; June 15, 198/ . 

.0203 OUTDOOR ADVERTISING ON INTERSTATE AND FEDERAL-AID mVYS. 

The foUowing standards shall apply to the erection and maintenance of outdoor advertising signs in 
all zoned and unzoned commercial and industrial areas located within 660 feet of the nearest edge of 
the right of way of interstate and federal-aid primary highways. The standards shall not apply to those 
signs enumerated in G.S. 136-129(1), (2), and (3), which are directional and other official signs and no- 
tices, signs advertising the sale or lease of property upon which they are located, and signs which ad- 
vertise activities conducted on the property upon which they are located: 

(1) Size of Signs: 

(a) The maximum area for any one sign shall be 1 ,200 square feet with a maximum height of 30 feet 
and maximum length of 60 feet, inclusive of any border and trim but excluding the base or 
apron, supports, and other structural members. 

(b) The area shall be measured by the smallest square, rectangle, triangle, circle, or combination 
thereof which wiU encompass the entire sign. 

(c) The maximum size limitations shaU apply to each side of a sign structure; the signs may be placed 
back-to-back, side-by-side; or in V-type construction with not more than two displays to each 
facing, and such sign structure shall be considered as one sign. 

(d) Side-by-side signs shall be structurally tied together to be considered as one sign structure. 

(e) V-type and back-to-back signs will not be considered as one sign if located more than 15 feet 
apart at their nearest points. 

(f) The height of the sign structure shall not exceed 50 feet as measured from the edge of pavement 
of the adjacent main traveled way. 

(g) Double-decking of sign faces so that one is on top of the other is prohibited. 

(2) Spacing of Signs: 

(a) Interstate and Federal-aid Primary Highways. Signs may not be located in such a manner as to 
obscure, or otherwise physically iaterfere with the effectiveness of any official traffic sign, signal, 
or device, obstruct or physically interfere with the driver's view of approaching, merging, or 
intersecting traffic . 

(b) Interstate highways and freeways on the federal-aid primary system: 
(i) No two structures shall be spaced less than 500 feet apart. 

(ii) Outside of incorporated towns and cities, no structure may be located within 500 feet of an 
interchange, collector distributor, intersection at grade, safety rest area or information center. 
The 500 feet shall be measured from the point at which the pavement widens and the direction 
of measurement shall be along the edge of pavement away from the interchange, collector dis- 
tributor, intersection at grade, safety rest area or information center, as shown in Exhibit lA. 
In those interchanges where a quadrant does not have a ramp, the 500 feet for the quadrant 
without a ramp shall he measured along the outside edge of pavement for the interstate or free- 
wa\' Irighway as follows: 

(A) Where a route is bridged over the freeway or interstate highway, the 500 foot measurement 
shaU begin on the outside edge of pavement of the freeway highway or interstate at a point 
directly below the edge of the bridge. The direction of measurement shall be along the edge 
of pavement away from the interchange, as shown in Exhibit IB. 

(B) \Miere a freeway or interstate highway is bridged over another route, the 500 foot meas- 
urement shall be made from the end of the bridge in the quadrant. The direction of meas- 
urement shall be along the edge of pavement away from the bridge, as shown in Exliibit IC. 

(C) Where the routes involved are both freeway or interstate routes, measurements on both 
routes will be made according to (1) and/or (2), whichever applies. 

Should there be a situation where there is more than one point at which the pavement widens along 
each road within a quadrant, the measurement shall be made from the pavement widening which is 
furthest from the intersecting roadways. 

(c) Non-freeway federal-aid primary highways: 

(i) Outside of incorporated towns and cities -- no two structures shall be spaced less than 300 feet 

apart, 
(ii) Within incorporated towns and cities -- no two structures shall be spaced less than 100 feet 

apart. 

(d) The foregoing provisions for the spacing of signs do not apply to structures separated by 
buildings or other obstructions in such a manner that only one sign facing located within the 
above spacing distances is visible from the liighway at any one time. 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1042 



FINAL RULES 



(e) Official and "on-prcmisc" signs, as permitted under the provisions of G.S. 136-129(1) to (3), and 
stnjctures that are not lawfully maintained shall not be counted nor shall measurements be made 
from them for purposes of determining compUance with spacing requirements. 

(f) The minimum distance between structures shall be measured along the nearest edge of the 
pavement between points directly opposite the signs along each side of the highway and shall 
apply only to structures located on the same side of the highways. 

(3) Lighting of Signs; Restrictions: 

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light 
or lights are prohibited, except those giving public service information such as time, date, tem- 
perature, weather, or similar information. 

(b) Signs which are not effectively shielded as to prevent beams or rays of light from being directed 
at any portion of the traveled ways of the interstate or federal-aid primary higliway and which 
are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any 
motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are 
prohibited. 

(c) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official 
traffic sign, device, or signal. 

(d) .AlU such fighting shall be subject to any other provisions relating to lighting of signs presently 
applicable to aU highways under the jurisdiction of the state. 

(e) Illumination shall not be added to nonconforming signs or signs conforming by virtue of the 
grandfather clause. 

History' Note: Statutory Authority G.S. 136-130; 
Eff.JuIy I, 1978: ' 
Amended Eff. December I, 1990; November I, 1988. 

.0206 .APPLICATIONS 

When application is made for an outdoor advertising permit, the application shall be submitted with: 

(1) A memorandum of lease or other proof of interest in land where a sign is proposed to be con- 
structed; 

(2) Right of entPv' from adjacent property owners to allow DOT personnel to enter upon property 
if removal of stnicture becomes necessary'; 

(3) Statement from local zoning authority indicating the present zoning of parcel and date of last re- 
zoning, etc.; 

(4) Approval from local government if they regulate signs through building permits, etc.; 

(5) Certification from sign owner indicating there has been no misrepresentation of facts regarding 
appHcation, etc.; 

(6) Applicable fee for pennit. 

Hislor\' Note: Statulofy Authority G.S. 136-130; 
Eff. July I. 1978; ' 
Amended Eff. December I. 1990; Jutte 15, 1981. 

.0207 FEES AND RENEW ALS 

(a) Initial and annual renewal fees shall be required to be paid by the owners of the outdoor ad\er- 
tising structures for each pennit requested in order to defer the costs of the administrative and in- 
spection expenses incurred by the Division of Highways of the Department of Transportation in 
administenng the permit procedures. 

(b) /Vn imtial nonrefundable fee of twenty dollars ($20.00) per outdoor ad\ertising structure shall be 
submitted with each application for a permit, and an annual nonrefundable renewal fee of fifteen dollars 
($15.00) per sign structure shall be paid by the owners of the outdoor ad\'ertising structures on .April 
15 of each year to the appropriate district engineer. The owners of outdoor ad\ertising structures must 
return the information required under Paragraph (c) of this Rule with their annual renewal fees. 

(c) The Di\ision of Highways of the Department of Transportation shall, without request, send a 
statement to each owner of outdoor advertising structure(s) with valid permit for the annual renewal 
fee or fees and a renewal application. For a renewal to be appro\ed, the renewal application must in- 
clude: 

(1) Existing Sign Permits issued prior to March 1, 1990 - Retain existing permit renewal require- 
ments of paying renewal fee upon receipt of invoice from Department. 



I04i 5:16 NORTH CAROLINA REGISTER November 15, 1990 



FINAL RULES 



(2) Renewal of pcnnit(s) which were issued on or after March 1, 1990 - If the lease or property in- 
terests and/or the right-of-entry agreements do not continue in fuU force and effect, the renewal 
apphcation must include those documents as required under 19A NCAC 2E .0206(a). 

History Note: Statutory Authority G.S. 136-130; 136-133; 
Eff. July I, 1978; 
Amended Eff. December I, 1990; July I, 1986; January I. 1983. 

.0208 PERMIT AND PER.MIT EMBLEM 

(a) A permit along with a permit emblem shall be issued upon proper application, approval, and the 
payment of fees for lawful outdoor advertising structures. 

(b) The erection of new outdoor advertising structures shall not commence until a permit and 
emblem has been issued. The outdoor advertising structure must be completely constructed and 
erected with the permit emblem affixed within 180 days from the date of issuance of the permit. During 
the 180 day period, the new outdoor advertising structure shall be considered in existence for the pur- 
pose of spacing of adjacent signs as set out in the appropriate rules and regulations promulgated by the 
Board of Transportation. 

(c) The permit emblem, which will have an identifying number, shall be placed on the outdoor ad- 
vertising structure in such a position as to be visible and readable from the main traveled roadway of 
the adjacent highway. 

History Note: Statutory Authority G.S. 136-130; 
Eff July I. 1978; 
Amended Eff. December I, 1990. 

.0210 RE\ OCATION OE PERMIT 

Any vaUd permit issued for a lawful outdoor advertising structure shall be revoked by the appropriate 
district engineer for any one of the following reasons: 

(1) mistake of material facts by the issuing authority for which had the correct facts been made 
known, the outdoor advertising permit in question would not have been issued; 

(2) misrepresentations of material facts by the outdoor advertiser on the apphcation for permit for 
outdoor advertising; 

(3) failure to pay annual renewal fees and/or provide the documentation required under Rule 
.0207(c) of this Section; 

(4) failure to construct the outdoor advertising structure and affix the permanent emblem within 180 
days from the d^te of issuance of the outdoor advertising permit; 

(5) any alteration of an outdoor advertising structure for which a permit has previously been issued 
which would cause that outdoor advertising structure to fail to comply with the provisions of the 
Outdoor Advertising Control Act and the rules and regulations promulgated by the Board of 
Transportation pursuant thereto; 

(6) making alterations to a nonconforming sign or a sign conforming by virtue of the grandfather 
clause which would cause it to be other than substantially the same as it was on the date the sign 
became nonconforming, or a grandfather clause sign, except as provided under Rule .0203 (2)(A) 
of this Section, that enlarges a dimension of the sign facing,»or that raises the height of the sign, 
changing the material of the sign structure's support, adding a pole or poles, adding illumination, 
or any other alteration of a nonconforming outdoor advertising structure. 

(7) failure to affix permanent permit emblem within 30 days after erection of the outdoor advertising 
structure; 

(8) unlawful destruction of trees or shrubs or other growth located on the right of way in order to 
increase or enhance the visibility of an outdoor advertising structure; 

(9) unlawful violation of the control of access on interstate, freeway, and other controlled access fa- 
cihties; 

(10) failure to maintain a sign such that it remains blank for a period of 12 consecutive months; 

(11) failure to maintain a sign such that it reaches a state of dilapidation as dcfmed in Rule .020 l(y) 
of this Section; 

(12) abandonment, or destruction of a sign. 

History Note: Statutory Authority G.S. 136-130; 136-134; 
Eff July I, 1978; 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1044 



FINAL RULES 



Amended Eff. December I, 1990. 

.021 1 NOTICE GIVEN EOR REEl SING TO ISSUE PERMIT 

(a) Should the appropriate district engineer determine that a proposed outdoor advertising structure 
would not conform to the standards of outdoor advertising as set out in the Outdoor Advertising 
Control Act or the rules and regulations promulgated thereto by the Department of Transportation, the 
district engineer shall refuse to issue a permit for that proposed outdoor advertising structure. 

(b) Wlicn such noncompliance of the Outdoor Ad\crtising Control Act or the rules and regulations 
promulgated thereto by the Department of Transportation has been determined, the district engineer 
shall so notify the owner of the proposed outdoor advertising structure in question by certified mail, 
return receipt requested, in the form of a letter setting forth the reasons why the proposed outdoor 
advertising structure in question docs not comply and shall also return the application to the applicant. 

(c) Permit(s) shall not be issued by the Department of Transportation for a period of five years at 
conforming sites where illegal cutting of vegetation has occurred. This includes sites where revocation 
of existing permit(s) have been upheld and signs have been removed, as well as conforming locations 
where illegal cutting occurs prior to receipt of an application for outdoor advertising permit(s). 

(d) Application(s) shall be denied for new outdoor advertising structures at conforming locations 
where e.xisting trees (defmcd as those trees four inches in diameter measured six inches from the ground) 
are of such density the site is not visible from the main travelway or will not be visible when the trees 
reach matunty. 

History Note: Statutory Authority G.S. 136-130; 
Eff. July /, 1978; 
Amended Eff December I, 1990; June 15, I9SI. 

.0212 NOriCE GIVEN FOR RE\ OKING PERMIT 

(a) Should the appropriate district engineer determine that a particular outdoor advertising structure 
falls within one of the categories set out by Rule .0210 of this Section, the district engineer shall revoke 
the permit for that outdoor ad\ertising structure. 

(b) When such noncompliance has been detennincd, the district engineer shall so notify the owner 
of the outdoor advertising structure by certified mail, return receipt requested, in the form of a letter 
setting forth the reasons why the outdoor advertising structure in question does not comply. The letter 
notifying the owner of the outdoor advertising structure in question shall also state that because the 
structure is in violation of the provisions of the Outdoor Ad\ertising Control Act or the rules and 
regulations promulgated thereto, the structure is unlawful and a nuisance and that if the structure is not 
removed or made to conform to the provisions of the act or the rules and regulations within 30 days 
after receipt of the letter, the Department of Transportation or its agents shall, at the expense of the 
owner, remove the nonconforming outdoor advertising. 

(c) An outdoor advertising structure cannot be made to conform to the Outdoor Advertising Control 
Act when the permit is revoked under 19A NCAC 2E .0210 (2), (4) or (8) of this Section. 

lli.Uoty Note: Statutory' Authority G.S. 136-130: 136-134; 
Eff July /, 1978: 
Amended Eff December I. 1990: June 15. 1981. 

SECTION .0600 - SELECTIV E ^ EGETATION RE.MOVAL POLICY 



.0602 REOCESTS FOR PERMIIS 

(a) Applications for selective vegetation thinning, pruning, or removal (exclu5i\'e of grasses) shall be 
made by the owner of the business or advertisement to the appropriate Division Engineer of the North 
Carolina Department of Transportation, Division of Highways. 

(b) Selective vegetation thinning, pruning, or removal will be permitted only for the permittee's fa- 
cilities adjacent to highway right of way at locations where such facilities ha\ e been constructed. The 
provisions v\ill not be used to pro\'ide s'isibility to unde\'eloped property. 

(c) Apphcations must be accompanied by a sketch showing the requested limits of the selective 
thinning, pruning, or removal of vegetation. For outdoor advertising displays, these limits shall be re- 
stricted to a maximum of 125 feet, in each direction, measured along the highway right of way line, from 
the center of the adsertising display. For commercial, industrial, institutional and office facilities, the 



1045 5:16 NORTH CAROLINA REGISTER November 15, 1990 



FINAL RULES 



limits of selecti\e clearing or thinning shall be restricted to the area of right of way immediately adjacent 
to frontage property of the facility, but not to exceed 1,000 linear feet. 

(d) Applications for permits for vegetation cutting to be performed on State Highway right of way 
must be accompanied by written authorization(s) by the underlying fee owner(s) of all property upon 
which cutting is to take place, provided that where the right of way was secured in fee simple by the 
Department, such authorization will not be required. The application must also be accompanied by 
written authorization of all owners of property abutting the area to be cut. 

(e) The selective vegetation control request will be investigated on site by Maintenance and Land- 
scape personnel and a representative of the applicant. 

(f) If the application for vegetation cutting is for a site located within the corporate Umits of a City 
or Town, local officials wiU be given the opportunity to review the application if the City or Town has 
pre\'iously ad\ised the Division Engineer of their desire to review such applications. 

History Note: Filed as a Temporary Rule Eff. April 13, 19S2, 

for a Period of 48 Days to Expire on June 1 , 1982; 
Statulon' Authoritv G.S. 136-18(5); 136-18(7); 136-18(9); 
Eff June I. 1982; 
Amended Eff December I, 1990; August 1, 1985: June 2. 1982. 

.0603 ISSUANCE OR DENIAL OF PERMIT 

(a) Within 30 da>"s following receipt of the application, the Division Engineer wiU approve or deny 
the application. If the application is denied, the Division Engineer shall ad\ise the applicant, in writing, 
of the reasons for denial. 

(b) The application will be denied by the Division Engineer if: 

(1) It requires removal of trees that were in existence before the business or advertisement was es- 
tablished. An existing tree shall be one that is four inches in diameter as measured six inches 
from the ground. 

(2) The apphcation is for the opening of view to a sign or business which has been declared illegal 
or is currently involved in litigation. 

(3) It is determined that the facility or advertisement is not screened from view. 

(4) The apphcation is for the opening of view to an outdoor ad\ ertising sign which was obscured 
from \ie\v at the time of erection of the sign. 

(5) Removal of vegetation v\ill adversely affect the safety of the traveling pubhc. 

(6) Trees, shrubs, or other vegetation of any sort wereplanted in accordance with a local. State, 
or Eederal beautitication project. (Exceptional conditions may dictate a replacement, relocation, 
trimming, or pruning of this planted material.) 

(7) Planting was done in conjunction with a designed noise barrier. 

(8) The applicant has not performed satisfactor>- work on pre\ious requests under the provisions 
of this policN" (this may not be cause for denial if the apphcant engages a qualified firm to per- 
form the work). 

(9) It invohes opening of views to junkyards. 

( 10) The application is contrary to ordinances or rules and regulations enacted by local go\emment, 
within whose jurisdiction the work has been requested to be performed. 

History Sote: Filed as a Temporaiy Rule Eff. .April 13. 1982: 

for a Period of 48 Davs to E.xpire on June 1 , 1982; 
Statuton- Authority G.S. I36-180); 136-18(7); 136-18(9); 
Eff June 1, 1982: 
Amended Eff December 1. 1990: .August 1. 1985: June 2, 1982. 

.0607 TEMPORARY MORATORIUM 

The temporan.' moratorium previously imposed on Section .0600 of this Subchapter is continued in 
effect until further action of the Board. 



Histor]> Sote: Statutoiy .Authority G.S. 136-18(5); 136-18(7); 136-18(9); 
Eff December 1, 1990. 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1046 



FINAL RULES 



NORTH CAROLINA AD.MINISTRATrV E CODE 

LIST OF RULES CODIFIED 

NOVEMBER 1990 



AGENCY 

DKPARTMFNT OF AGRICt LTLRE 

2 NCAC lOG .0100- .0500 

DFPARTMENT OF STATE AIDITOR 



ACTION TAKEN 



Transferred and Recodified 
To2NCAC4SF .0100- .0500 
Eff. October 3, 1990 



4 



NCAC 



6C .0203 

DEPARTMENT OF CORRFCTION 

5 NCAC 2F .1001 - .1002 

OFFICES OF THE GO\ERNOR/LIEL TENANT GO\ ERNOR 

9 NCAC 2B Executive Order Number 124 

Fff. September 18. 1990 
Executive Order Number 125 
Eff. September 18, 1990 
Executive Order Number 126 
Eff. September 18. 1990 
Executive Order Number 127 
Fff. October 29, 1990. 

DEPARTMENT OF HUMAN RESOl RCES 



10 



NCAC 



3C 


.1901 - 

.1910 

.1912 


.1905 




.1913- 


.1914 




.1915- 


.1916 




.1918 






.1922 






.1926 




3H 


.0107 
.0108 
.0315 





* Correction 
** .Amended 



Amended 



Temp 

Expires 

Temp. 

Expires 

Temp. 

Expires 

Temp 

Expires 

Temp. 

Expire 

Temp. 

E xpire 

Temp. 

Expires 

Temp. 

Expires 

Temp. 

Expires 

Temp. , 

Expires 

Temp 

E. xpire s 



Amended 

02-28-91 
.\mended 

02-28-91 
.\mended 

02-28-91 
Repealed 

02-28-91 
.■\mended 
. 02-28-91 
.Amended 

02-28-91 
.Amended 

02-28-91 
Amended 

02-28-91 
Repealed 

02-28-91 
,\mended 

02-28-91 
Amended 

02-28-91 



1047 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



FINAL RULES 



Temp. Amended 
Expires 02-28-91 
Temp. Amended 
Expires 02-28-91 
Temp. Repealed 
Expires 02-28-91 
Temp. Amended 
Expires 02-28-91 
Temp. Amended 
Expires 02-28-91 
Temp. Amended 
E.xpires 02-28-91 
Temp. Amended 
Expires 02-28-91 
Amended 
-Temp. Amended 
Expires 02-28-91 
* Correction 
Temp. Amended 
Expires 02-28-91 
Temp. Amended 
E.xpires 02-28-91 
Repealed 
** Adopted 
Amended 
Renumbered to 
.0604- .0615 
Adopted 
Amended 
** Amended 
.AjTicnded 
** Amended 
** Amended 
Amended 



DEP.VRTMENT OF 1\SL RANGE 

11 NCAC 6A .0702 Amended 

DFrARTMF.M OF CRIME CONTROL AND PI BLIC SAFETY 

14A NCAC lOB .0110 ++ /Vmendcd 

DEPARTMENT OF EN\ IRONMENT, HEALTH. .VND NATURAL RESOURCES 





.0505 






.0507 






.0508 - 


.0509 




.0510- 


.0511 




.0709 






.1501 






.1612 




3R 


.0305 
.0317 

.1100 
.1113 






.1115- 


.1120 




.2101 - 


.2109 




.2113- 


.2119 


14K 


.0403 




14L 


.0602 - 


.0613 


14L 


.0602 - 


.0603 


14M 


.0202 
.0303 
.0402 




44 B 


.0504 
.0506 




4511 


.0202 





15A NCAC 2H 


.1203 




* * Adopted 


38 


.0501 




Amended 




.0901 




Amended 




.0907 




.\mended 


lOB 


.0119 




** Amended 


lOF 


.0363 




Adopted 


lOH 


.0101 - 


.0109 


** /Vmended 


13B 


.1001 - 


.1005 


** Adopted 


17A 


.0104- 


.0105 


Adopted 




.0206 - 


.0208 


Adopted 




.0306 - 


.0310 


Adopted 




.0403 - 


.0404 


Adopted 


17B 


.0104- 


.0105 


Adopted 




.0207 - 


.0212 


Adoj^tcd 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



104S 



FINAL RULES 



.0303 - .0304 
17C .0204- .0206 
17D .0103 

.0205 
21D .0106- .0107 

.0201 - .0202 

,0206 

.0304 

.0401 

.0408 

.0410 

.0602 - .0603 

.0703 

.0803 

.0902 - .0903 

.0905 - .0906 

.0908 

.1001 

.1103 - .1104 



Adopted 

Adopted 

Adopted 

Adopted 

Amended 

Amended 

Amended 

Amended 

^Amended 

Amended 

Amended 

Amended 

Amended 

* Correction 

Amended 

Amended 

Amended 

.Amended 

.Amended 



DEPARTMFM OF Pt BI IC FDL CATION 



NCAC 



6C .0312 
6D .0105 



DFP ARTMENT OF FR VNSPORTATION 



** .Amended 
.Adopted 



19.A NCAC 3D .080 1 

DEPARTMENT OF STATE TRFASl RER 



20 NCAC 


IG 


.0104 






3 


.0112 








.1001 - 


.1009 


BOARD OF COSME 


FIC ART EXAMINERS 


21 NC.VC 


14J 

14K 

14L 










.0100 - 


.0200 


OFFICE OF STATE 


PERSONNEL 




25 NCAC 


IC 


.0215 






ID 


.0504 
.0509 
.0517 
.0610 






IE 


.0802 - 
.1101 


.0803 






.1104- 


.1105 






.1111 - 


.1112 




11 


.1307 - 
.1315 


.1314 




IJ 


.0610 
.0901 






IK 


.0502 





.Amended 



.Amended 
Amended 
** Adopted 



* Correction 

* Correction 

* Correction 

* Correction 



.Amended 
** .Amended 
** .Amended 
Amended 
.Amended 
** .Amended 
.Amended 
.Amended 
** Adopted 
Repealed 
.Adopted 
** Amended 
** .Amended 
.Amended 



1049 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



FINAL RULES 



IL 0100 * Correction 

.0201 -.0207 ** Adopted 



5:16 NORTH CAROLINA REGISTER November 15, 1990 1050 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
I43B-30.2fd). 



ECONOMIC AND COMMLAITY DEVELOPMENT 

Banking Commission 



4 \CAC 3C .0201 - Establishment of Branch and Limited Svcs Facilities 

Agency Revised Rule 
4 \CAC 3C .0202 - Branch Closing 

Agency Revised Rule 
4 .\CAC 3C .0901 - Books and Record 

Agency Revised Rule 
4 \CAC 3C .1301 - Annual Vacation 

Agency Revised Rule 



ARRC Objection 7:19:90 

Obj. Removed 8; 16! 90 

ARRC Objection 7.19 90 

Obj. Removed S16 90 

ARRC Objection 7.19 90 

Obj. Removed 8, 1690 

ARRC Objection 7.19 90 

Obj. Removed 8 16 90 



CommunitN Assistance 

4 .\CAC 19L .0501 - Definition 
.Agency Revised Rule 

Credit L nion Division 

4 .\CAC 6C .0203 - Fields of Membership 
.-Igencv Revised Rule 

ENMRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 



ARRC Objection 7 19 90 
Obj. Removed 8 16 90 



ARRC Objection 8 16 90 
Obj. Removed 9 20 90 



15A .\CA 
Agency 

15A XCA 
Agency 

15A .\CA 

15A XCA 



ISA 
ISA 
ISA 
ISA 



\CA 
\CA 
\CA 
XCA 

ISA XCA 
ISA XCA 



C 18A .21 n - Water Sanitation and Quality 

Revised Rule 

C 18.A .2609 ■ Refrigeration: Thawing: and Preparation of Food 

Revised Rule 

C 18C .0102 

C ISC .1532 

C 18C .1534 

C 18C .2001 

C 18C .2002 

C 18C .2003 

C ISC .2004 

C ISC .2005 



Definitions 

I 'ariances and Exemptions 

Max Contaminant Levels for ColiJ'orm Bacteria 

General Requirements 

Disinfection 

Filtration 

Analytical and Monitoring Requirements 

Criteria for Avoiding Filtration 



En\ironmental Management 

ISA XCAC 2H .1203 - Public Xotice 
.Agency Revised Rule 

Marine Fisheries 



ARRC Objection 


8 16 90 


Obj. Removed 


8 23 90 


ARRC Objection 


8 16 90 


Obj. Removed 


8 23 90 


ARRC Objection 


10 IS 90 


ARRC Objection 


10 18 90 


ARRC Objection 


10 IS 90 


ARRC Objection 


10 IS 90 


ARRC Objection 


10 IS 90 


ARRC Objection 


10 IS 90 


ARRC Objection 


10 IS 90 


ARRC Objection 


10 18 90 



ARRC Objection 8 16 90 
Obf Removed 9 20 90 



ISA XCAC 3C .0311 - Cancellation 
.Agency Revised Rule 



ARRC Objection 9 20 90 
Obj. Removed 10 18 90 



1051 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



ARRC OBJECTIONS 



ISA NCAC 3N .000/ - Scope and Purpose 

Agency Revised Rule 
ISA NCAC 30 .0203 - Shellfish Lease Application Processing 

Agency Revised Rule 

Solid Waste Management 

ISA NCAC I3B .1003 - Eligible Purposes 

Agency Revised Rule 
ISA NCAC I3B .lOOS - Priority Factors 

Agency Revised Rule 
ISA NCAC I3B .1104 - General Conditions 

Agency Revised Rule 
ISA NCAC 1 33 .1105 - Permit Required 

Agency Revised Rule 
ISA NCAC I3B .1 107 - Scrap Tire Collection Site Operational Reqmnts 

Agency Revised Rule 

Wildlife Resources Commission 



ARRC Objection 8/16/90 

Obj. Removed 9/20/90 

ARRC Objection 8/16/90 

Obj. Removed 9/20/90 



ARRC Objection 8/16/90 

Obj. Removed 9/20/90 

ARRC Objection 8/16/90 

Obj. Removed 9/20/90 

ARRC Objection 8/16/90 

Obj. Removed 8/23/90 

ARRC Objection 8/16/90 

Obj. Removed 8/23/90 

ARRC Objection 8/16/90 

Obj. Removed 8/23/90 



ISA NCAC I OH .0302 
Agency Revised Rule 



Minimum Standards 



ARRC Objection 9/20/90 
Obj. Removed 10/18/90 



HUMAN RESOURCES 



AFDC 



10 NCAC 49C .0101 - Eligibility for Coverage 
Agency Revised Rule 

Facility Senices 

10 NCAC 3 R .2113 - Definitions 

Agency Revised Rule 
10 NCAC 3R .21 IS - Need for Senices 

Agency Revised Rule 

Governor Morchead School 

10 NCAC 21 A .0301 - Eligibility 
Agency Revised Rule 

"V'outh Services 

10 NCAC 44B .0S04 - Medical Care 

Agency Revised Rule 
10 NCAC 44B .0S06 - Room Restriction or Confinement 

Agency Revised Rule , 

INSURANCE 

Agent Services Division 



ARRC Objection 7/19/90 
Obj. Removed 8/16/90 



ARRC Objection 9/20/90 

Obj. Removed 9/21/90 

ARRC Objection 9/20/90 

Obj. Removed 9/21/90 



ARRC Objection 7/19/90 
Obj. Removed 8/16/90 



ARRC Objection 7/19/90 

Obj. Removed 8/16/90 

ARRC Objection 7/19/90 

Obj. Removed 8:16/90 



II NCAC 6 A .0702 - Prelicensing Education Schools 
Agency Revised Rule 



ARRC Objection 8/16/90 
Obj. Removed 9/20/90 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1052 



ARRC OBJECTIONS 



Financial E\aluation Division 

11 \CAC UB .0607 - Application - Employers 
Agency Returned Rule Without Change 

II NCAC I IB .0610 - Application - Groups 
Agency Returned Rule Without Change 

LICENSING BOARDS AND COMMISSIONS 

Pharmacy 

2/ \CAC 46 .1503 - Experience in Pharmacy 
Agency Re\-ised Rule 

Physical Therapy 

21 .\CAC 48C .0102 - Re.spo/uibilities 

Agency Returned Rule C nchanged 
21 NCAC 4SC .0501 - Exemption for Students 

Agency Returned Rule L nchanged 

PUBLIC EDUCATION 



ARRC Objection 8116/90 
9 i 20:90 

ARRC Objection 8/16190 
9/20/90 



ARRC Objection 8/16/90 
Obj. Removed 8/23/90 



ARRC Objection 9i20i90 
So Action 10/18/90 

ARRC Objection 9/20/90 
So Action 10/18/90 



Elementary and Secondar\' Education 

16 SCAC 6C .0312 - Certificate Suspension and Re\'ocation 

Agency Revised Rule 
16 SCAC 6D .0105 - Use of School Day 

Objection Recoruidcred and Failed 

Clincher .Motion Passed 

.-igency Filed Rule for Codification in the .\C.IC 

SECRETARY OF STATE 



ARRC Objection 
Obj. Removed 
ARRC Objection 



8/16/90 
9; 20/90 
6121/90 
7/19,90 

9/28,90 



Corporations Division 

IS SCAC 4 .0/01 - Location and Hours ARRC Object 

IS .XCAC 4 .0102 - Administration and Functions ARRC Object. 

IS SCAC 4 .0205 - Overpayment ARRC Object. 

IS SCAC 4 .0206 - Documents Sot Specijlcally Provided For ARRC Object 

IS SCAC 4 .0302 - Execution ARRC Object. 

18 SCAC 4 .0303 - Rejection ARRC Object 
18 SCAC 4 .0305 - Coirective Filings- Sonprofit Corp Limited Partnerships.tRRC Object. 

18 SCAC 4 .0306 - Articles of Incorporation - Sonprofit Corporations .-IRRC Object. 

18 SCAC 4 .0307 - Application For Resen-ation of Corporate Same ARRC Object 

18 SCA C 4 .0308 - Registered Office and Registered Agent A RRC Object 

18 SCAC 4 .0311 - Arl of .Merger Share E.xch G.S. 55-11-07 55A-42.1 ARRC Object 

18 SCAC 4 .0312 - Appl For Cert of Authority Foreign Prof Corporation ARRC Object 

18 SC.4C 4 .0313 - Filing Merger hn'oking Foreign Corporation .ARRC Object 

IS .\CAC 4 .0314 - Filing Evidence of Dissolution Foreign Sonprojit Corp .-{RRC Object 

18 SCA C 4 .0316 - Form for Annual Report A RRC Object. 

18 SCAC 4 .0401 - Documents ARRC Object. 

IS SCAC 4 .0402 - Cert of Facts Certifcate of Exit Authorization ARRC Object. 

IS SCAC 4 .0501 - General ' " ARRC Object 
IS SCAC 4 .0502 - Words Prohibited in Addition to Statutoiy ProhibitionsARRC Object 



on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 
on 



6i21,90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/2li90 
6/21/90 
6/21/90 
6/21/90 
6;21/90 
6,21,90 
6,21.90 
6-21/90 
6 2f90 
6:21/90 
6i2l90 
6,21 ,90 



1053 



5: 1 6 i\OR TH CAROLINA R EG IS TER No v ember 15, 1990 



ARRC OBJECTIONS 



18 NCAC 4 .0503 - Deceptively Similar and Distinguishable Names 

18 NCAC 4 .0504 - Filing Fictitious! Assumed Name! Foreign Corporation 

No Response Received From Agency 

Response Received From Agency Obj. Removed 



ARRC Objection 
ARRC Objection 



6121190 
6121/90 
7119190 
SI 16190 



Securities Division 

18 NCAC 6 .1210 - Securities FxchgsjAuto Quotation Sys Approve! Admin ARRC Objection 6!21!90 

No Response Received From Agency 7! 19!90 

Response Received From Agency ' Obj. Removed 8! 16! 90 

STATE PERSONNEL 



25 NCAC IB .0107 - Personnel Commission Meetings 


ARRC Objection 


9! 20190 


25 NC4C IB .0108 - Commission Staff 


ARRC Objection 


9! 20/90 


25 NCAC IB .0109 - Commission Actions 


ARRC Objection 


9! 20! 90 


25 NCAC IB .0110- Motions 


ARRC Objection 


9! 20! 90 


25 NCAC IB .0111 - Voting 


ARRC Objection 


9!20!90 


25 NCAC IB .0112 - Abstention 


ARRC Objection 


9! 20! 90 


25 NCAC IB .0113 - Duties of the Chairman 


ARRC Objection 


9! 20190 


25 NCAC IB .0114 - Order of Business 


ARRC Objection 


9! 20! 90 


25 NCAC IB .0115 - Special Meetings 


ARRC Objection 


9I20!90 


25 NCAC IB .0116 - Duties of Chairman Between Meetings of the Comm 


ARRC Objection 


9! 20190 


25 NCAC IB .0117 - Standing! Special Committees 


ARRC Objection 


9 120! 90 


25 NCAC IB .0118 - Minutes 


ARRC Objection 


9! 20! 90 


25 NCAC IB .0119 - Notice of Commission Action 


ARRC Objection 


9! 20! 90 


25 NCAC IB .0120 - Appointment of Vice-Chairman 


ARRC Objection 


91 20! 90 


Agency Withdrew Rules .0107 - .0120 




10!I8!90 


25 NCAC IL .0201 - Purpo.se 


ARRC Objection 


9! 20! 90 


25 NCAC IL .0202 - Policy 


ARRC Objection 


9 20 90 


Agency Withdrew Rules .0201 - .0202 




10! 18/90 


25 NCAC IL .0206 - Anti-Discrimination 


ARRC Objection 


9!20!90 


Agency Revised Rule 


Obj. Removed 


9121 !90 


25 NCAC IL .0207 - Testing and L.xaminalion 


ARRC Objection 


9!20/90 


Agency Revised Rule 


Obj. Removed 


9!21!90 



STATE TREASl RER 



Local Government Commission 



20 XCAC 3 .1003 - Petition for Hearing 

Agency Revised Rule 
20 NCAC 3 .1004 - Hearing Officer 

Agency Withdrew Rule 



ARRC Objection 9'20!90 
Obj. Removed 9!20!90 

9! 20! 90 



5:16 NORTH CAROLINA REGISTER November 15, 1990 



1054 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the .Worth Carolina Supreme Court, 
Court of Appeals. Superior Court (when available), and the Office of .Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 .\CAC IB .0202(c) - REQUEST FOR DETER.Ml.\ATIO.\ 

Brenda B. Becton, Administrative I.aw Judge with the Office of Administrative Heanngs, declared Rule 
10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources, Division of Facilitv Services, Certificate of Need Section, Respondent (90 DHR 
0770). 

10 NCAC 3R .0317(g) - 11 ITHDRAUAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative law Judge with the Office of Administrati\e Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership. Petitioner v. Department of Human Resources, Certificate of Need Section. Respondent [90 
DHR 0296). 

10 NCAC 3R .0317(g) - II ITHDRAUAL OF CERTIFICATE 

Michael Ri\ers Morgan, Administrati\e I aw Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C Depart- 
ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 



1055 5:16 NORTH CAROLINA REGISTER November 15, 1990 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further .broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



ITLE 


DEPARTMENT 


LICENSESG BOARDS CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections' 


Electrical Contractors 


18 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing iVid Dealers and Fitters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Mid\vifer\' Joint Committee 


33 


16 


Public Education 


Mortuary Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary' of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community CoUeges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physic;d Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Sur\e> 


ors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Vcterinap,' Medical Board 


66 



Note: Title 21 contains the chapters of the \arious occupational Ucensing boards. 



5.16 NORTH CAROLINA REGISTER November 15, 1990 



1056 



CUMULATIVE INDEX 



CUMULATIl E I.\DE.\ 

(April J 990 - March 1991) 



1990 - 1991 



Pages 



Issue 



1 - 151 1 - ApnJ 

152 - 235 2 - Apnl 

236 - 285 3 - Mav 

286 - 312 4 - \Iav 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - Julv 

514 - 603 8 - Julv 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 , 14 - October 

957 - 1009 15 - November 

1010 - 1059 16 - November 



AO - Administrati\"e Order 

AG - Attorney Generals Opinions 

C - Correction 

FR - Fmal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRATION 

Auxiliaiy Ser\ices, 860 PR 

State Property and Construction. 41 1 PR 

ADMIMSIRAXnE HEARINGS 

Rules Division. 792 PR 



AGRICILTIRE 

Markets. '"37 PR 

F'lant Conser.ation Board, 1 PR 

Plant Industp,-. 739 PR 

State Fair. 737 PR 

Structural Pest Control Committee. 



PR 



105- 



5:16 yORTH CAROLLXA REGISTER November 15, 1990 



CUMULA TIVE INDEX 



COMMLAITY COLLEGES 

Community Colleges, Department of, 1031 PR , • 

CORRECTION 

Division of Prisons, 762 FR, 867 FR, 938 FR, 1035 FR 

CRLME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND CO.MML^ITY DEVELOPMENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR, 317 PR 
Credit Union, 317 PR, 860 PR 
Energy Division, 1013 PR 
Hazardous Waste Management, 742 PR 
Milk Commission, 24 PR, 741 PR 

EN\ IRONMENT, HEAL! H, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR 

Enviromnental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR 
Health Services, 190 PR, 565 PR, 816 PR, 860 PR 
Land Resources, 744 PR 
Marme Fishenes, 63 PR, 484 PR, 805 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment Facility Operators Board of Certification, 621 PR, 983 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 
924 PR, 1020 PR 

FINAL DECISION IT:n ERS 

Voting Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 ITl,842 FR, 944 FR, 1047 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010 

HUMAN RESOURCES 

Aging, Division of, 704 PR 

Drug^'Commission, 870 FR, 939 FR 

FaciUtv Services, 516 PR, 702 PR, 958 PR 

Heahh Services, 152 PR, 245 PR 

Medical Assistance, 191 PR, 911 PR, 1018 PR 

Mental Health, Developmental DisabiUtics and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 898 PR 

Services for the Bhnd, 412 PR 

Social Services, 247 PR, 607 PR, 976 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Services, 261 PR' 

ESSE RANGE 

Actuarial Services Division, 480 PR 

Agent Services Division, 321 PR, 520 PR 

Engineering and Building Codes, 793 PR 

Financial Evaluation Division, 342 PR, 525 PR 

Fire and Casualty Division, 335 PR, 478 PR, 796 PR 

Life: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 



5:16 NORTH CAROLINA REGISTER Novembev 15, 1990 1058 



CUMULATIVE INDEX 



JISTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR 

Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Certified Public Accountant Examiners, 983 PR 

Cosmetic .\rt Hxammers, Board of, 355 PR, 708 PR, 927 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Medical Examiners, Board of, 207 PR, 838 PR, 862 PR 

Midwifery" Joint Committee, 994 PR 

Mortuary' Science, Board of, 749 PR 

Nursing.' Board of, 300 PR, 496 PR, 994 PR 

Nursinij Home Administrators, Board of, 750 PR 

Pharmacy, Board of, 1031 PR 

Physical Therapy Examiners, Board of, 443 PR 

Plumbing and Heating Contractors, Examiners, 621 PR 

Practicma Psvcholosjists, Board of, 755 PR 

Real Estate Commission, 625 PR, 863 PR 

Fl BLIC EDUCATION 

Elementary- and Secondary, 141 PR, 275 PR, 351 PR, 1028 -PR 

REVENUE 

Individual Income Tax. 359 ER, 1036 ER 
License and Excise Tax Division, 445 ER 
Sales and Use Tax, 213 ER, 453 ER, 872 FR 

SECRE lARY OF SIATE 

Corporations Division, 489 PR 

Secunties Division, 293 PR, 495 PR, 927 PR, 1029 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Einancing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

IRANSPORLATION 

Iliahwavs. Division of, 765 ER, 883 ER, 1038 ER 
Motor Vehicles. Division of, 222 ER, 773 ER, 943 ER 



1059 5:16 NORTH CAROLINA REGISTER November 15. 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

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